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whats the difference between motion and petition?
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whats the difference between motion and petition?








itry04
A petition is the procedural vehicle which begins the resolution process. Thus, in a divorce, the movant will file a petition for divorce. In a negligence action, the movant or plaintiff, will file a petition for negligence seeking damages. Whereas a motion is a term used to describe something that takes place subsequent to the filing of the petition. For example, a motion for summary judgment is a request by the movant to have the court grant a favorable judgment without a trial or further proceedings. Essentially a petition gets the ball rolling and a motion, though it will not always end the process by any means, is a filing which tends to change some characteristic of the procedural process.


Big Dee
Rating
Motion. A written application requesting the Court to make a specific ruling or order. The requirements for a motion are set out in Rule 224. Petition. A written application requesting the Court to make a specific ruling or order. There is no practical difference between a petition and a motion. ----BUT---- Of course according to the Sixth Circuit Court of Appeals in In re: Rory Allen Gregory 1999 FED App. 0227P (6th Cir.) - No. 99-5602, there is a distinction to be found: "The difference between a § 2255 motion and a petition under § 2241 is important for jurisdictional purposes. The former must be filed in the district court which sentenced the movant, whereas a petition for habeas corpus under § 2241 may be filed in the district court having jurisdiction over the petitioner’s custodian. See In re Hanserd, 123 F.3d 922, 925 (6th Cir. 1997); United States v. Jalili, 925 F.2d 889, 893-94 (6th Cir. 1991); Cohen v. United States, 593 F.2d 766, 770-71 (6th Cir. 1979); Wright v. United States Board of Parole, 557 F.2d 74, 77 (6th Cir. 1977)."


divot II
Kaz: I see you still can't be bothered to buy a legal dictionary. Per the highest legal authority, Nike, "Just do it."







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