When you are involved in a legal proceeding, it is almost like learning a new language. Motion this and Motion that…what does it all mean?
While your Charlotte divorce lawyer will explain any terminology that is unclear, sometimes the stress of the situation makes us forget the meaning when we get home and are rethinking the events of the day.
Here are a few definitions you can refer to if you need a refresher after asking your Charlotte divorce lawyer.
- MOTION TO DISMISS—this is a writing one party submits to the Court requesting the Court dismiss a case. There are many reasons your Charlotte divorce lawyer or the opposing party may make such a request:
- The party submitting the request doesn’t believe there are enough facts to support the case;
- The parties settled their issues/problems outside of the courtroom with the assistance of their Charlotte divorce lawyer and do not need judicial interference;
- The party who initiated the action has changed their mind and no longer wishes to pursue the claim
*There are other reasons a party might ask for a Motion to Dismiss; if you have questions, it is always best to ask your Charlotte divorce lawyer.
- MOTION TO COMPEL—this is a written document filed with the Court requesting that the Court force a party to do something, generally to hand over documents and materials which are used in the discovery process
- DISCOVERY—the part of the litigation where each party requests that the opposing party (and maybe an independent third party) hands over documents and other items they may be entitled to view as part of the litigation. Items for discovery may include emails, records, bills, pictures and documents.
*Your Charlotte divorce lawyer will advise you as to what items must be supplied to the court as part of this process.
- CONTEMPT ORDER—an order filed with the Court when a party does (or fails) to do something the Court said it must do.
*Example: if one parent is required to permit the other parent visitation with a child but refuses to do so, the party denied visitation may ask the Court to force the other parent to permit it.
- MEDIATION—the process which seeks to have parties to a suit come to an agreement without judicial interference. It is usually facilitated by an impartial third party who specifically is in the business of helping opposing parties settle their differences. This also helps each party to feel like they have a say in the overall resolution of the problem.
*Your Charlotte divorce lawyer will provide you with more specific information if you proceed through this process.
- DEPOSITION—oral statements made while under oath and given prior to trial, usually in your Charlotte divorce lawyer’s office. These statements may later be used during a trial.
- INTERROGATORIES—written questions exchanged between parties involved in litigation. They generally involve fairly generic information: where you work, where you live, and other things like that. This is usually the starting point when parties begin to exchange information.
There are plenty of other terms not listed here—always remember to ask your Charlotte divorce lawyer if you have any questions.