Posture of Motion

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Indicates the procedural status or process in effect when presenting […]

Indicates the procedural status or process in effect when presenting a motion or request to the court or agency. In essence, posture indicates how a motion is teed up to the court. The most common posture is motion by a party, which indicates a contested motion presented in the usual course of proceedings. Other examples include, sua sponte (the court’s own motion), ex parte (emergency motion), motion to reconsider, remand, and stipulated/agreed.

Last Updated: July 19, 2023

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