What is a return date on a motion?

Asked by: Mrs. Ivy Erdman MD  |  Last update: February 10, 2025
Score: 4.3/5 (55 votes)

1. The date the motion will be heard by the court. This is sometimes called the “return date,” or the date the motion is “returnable.” The party making the motion (moving party) chooses the date the motion will be heard by the court.

What does return date mean?

The date on which something is due. In the litigation context, this may, for example, refer to the date on which: Either discovery responses must be served or the requested documents must be delivered to the party seeking discovery.

What does a return date mean in court?

The term Return date means the day named in a writ or other form of legal process as the date when the response to that paper must be made. Return date, in case of divorce cases is the date on which the stipulated waiting period for a divorce begins. It is also the date by which the defendant should file an appearance.

What does date of motion mean?

Motion Date means the date on which the Parties file a motion with the Court for approval of this settlement.

What are returns in court?

In the legal realm, return refers to the act of an officer of the court, typically a sheriff, bringing back to the court the process (such as a summons or subpoena) that they were ordered to serve. This return is accompanied by a detailed report of their activities related to the process serving.

Motion for New Trial

33 related questions found

What is the return date of a motion?

This date is often called the “return date.” That does not mean that a judge will necessarily consider the motion on that date, but it does mean that that is the day the movant expects all of the papers in support of the motion to be filed.

What does return mean in law?

return vt. 1 a : to give (an official account or report) to a superior (as by a list or statement) [ the names of all residents in the ward] [ a list of jurors] b : to bring back (as a writ, verdict, or indictment) to an office or tribunal [the sheriff must the execution…

What happens at a motion court date?

In a motion hearing, several key players may participate, including the judge, attorneys, and clients. The judge, as the central figure, listens to the arguments, asks questions, and ultimately decides whether to grant or deny the motion.

What happens when a motion is denied?

The court will then decide as to whether the motion is granted or denied. If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.

How long does a judge have to answer a motion?

Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

What is a rule returnable date?

This court term Rule Returnable, means that a response on the motion is due by that date. If no response is received by that date, then the court can rule on the pleadings or set a hearing.

Why do lawyers push back court dates?

Other times, each side might have requested a delay for its own reasons at various times - for example, an attorney might need time to gather more evidence, or a witness might not be available for trial on that date, or there might be a scheduling conflict.

What does first return mean in court?

The first court date is also known as the first return date, or the first mention date. As this is the first time that your matter will be listed before the court, it is a very important event.

What is the return date in law?

a : a day on which the defendant in an action or proceeding is to appear in court (as for arraignment) b : a day on which the defendant in an action must file an answer.

What is a return date on a summons?

Note that different types of civil actions, such as unlawful detainers, applications for injunctions, etc., may have very different dates to respond. (The “return date” of a summons is the date to respond or face default.)

What does return date or return received date mean?

Return Due Date goes to when a tax return is to be filed for a given tax year. The Processing date is when the return was received and reviewed commenced.

What happens if there is no second to a motion?

A motion requires a second to be considered. If there is no second, the matter is not considered. Each motion must be disposed of (passed, defeated, tabled, referred to committee, or postponed indefinitely).

What is the success rate of motions to reconsider?

This is roughly a 5 percent success rate for all motions. Of the requests related to the initial institution decision, only 3.5 percent (six of 169) have been successful.

Can you appeal a denied motion to dismiss?

Appeals from denials of motions to dismiss are generally limited in scope and focus on legal issues rather than factual disputes. The standard of review for these appeals often involves determining whether the lower court made an error in applying the law.

How do you know if your case will be dismissed?

5 Telling Signs Your Criminal Case Will Be Dismissed
  • Sign #1: Procedural Errors Were Made By Police or Prosecutors. ...
  • Sign #2: The Prosecution's Evidence is Weak. ...
  • Sign #3: There are Statute of Limitations Issues. ...
  • Sign #4: Prosecutorial Misconduct. ...
  • Sign #5: The Court Has No Jurisdiction in Your Case.

How do you win a motion in court?

How to Write a Kick-Ass Motion
  1. Make an Outline. ...
  2. Keep Your Motion Simple. ...
  3. Maintain Credibility. ...
  4. Mind Your Citations. ...
  5. Focus on Facts. ...
  6. Keep Your Intro Short. ...
  7. Respect the Opposition. ...
  8. Write in English, Not Legalese.

What is the purpose of a motion?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

What is the meaning of date returned?

"Return Date: The day when something needs to be given back or returned to its owner or original place. For example, if you borrow a book from the library, the return date is the day when you need to bring the book back to the library." - www.lsd.law.

What is the purpose of return?

So, return and print have different roles in a program. print outputs a value, but does not make it available for further use in the program. return gives the programmer back a value that can then be used for additional processing.

What is the return process?

The returns process starts when a customer decides they aren't happy with the product. Maybe the product was damaged, or in the case of apparel, it might just be the wrong size or color. The customer requests a return, refund, or exchange from the company that delivered the product using the proper channels.