I am taking my daughters father to court for past child care and the judge has sent us a letter regarding her findings from the preliminary hearing saying that we had to file a complaint on the matter by 9/15. My lawyers says this just means that the judge feels that I should have filed this as a complaint instead of a motion. My question is : what is the difference between a complaint and a motion?
2006-09-08 05:48:25 · 4 answers · asked by queeniez71 5 in Politics & Government ➔ Law & Ethics
A complaint is the first document filed by a plaintiff (you in this case) regarding what you think the other person did wrong (i.e., against the law). A complaint tells, in summary fashion, what laws were broken and what you want the defendant to give you to make up for it.
A motion is a document that fully explains why you think the defendant broke the laws and what you want for it and provides all legal support for your claims.
2006-09-08 06:08:52 · answer #1 · answered by J T 3 · 0⤊ 1⤋
Just make sure that your lawyer is actually filing the complaint within the given time frame. If you feel that your lawyer is not acting in your best interest, you may complain to your state's Board of Professional Responsibility...
motion (legal), a procedural device in law to bring a limited but contested matter before a court for decision.
In the common law, a complaint is a formal legal document that sets out the basic facts and legal reasons (see: cause of action) that the filing party (the plaintiffs) believes are sufficient to support a claim against another person, persons, entity or entities (the defendants) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
2006-09-08 12:57:03 · answer #2 · answered by sheila_0123 5 · 0⤊ 1⤋
A complaint is a type of pleading that starts a law suit.
A motion is asking the court to do something. Generally, a motion can only be brought if there is already a lawsuit pending.
2006-09-08 12:59:10 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
A complaint is a pleading that initiates a new lawsuit. A motion is a pleading that requests an order pertaining to an on-going lawsuit.
The judge wants you to start a new lawsuit instead of making him re-open the old case.
2006-09-08 12:57:17 · answer #4 · answered by www.lvtrafficticketguy.com 5 · 1⤊ 0⤋