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  • Motion vs pleading  odnosno ZAHTJEV - PODNESAK
    Motion vs pleading  odnosno ZAHTJEV - PODNESAK

    Motion vs pleading odnosno ZAHTJEV - PODNESAK

     

     

    While a motion is filed to a court requesting from it a court action, a pleading does not address the court directly but rather contains and explains facts material to the party’s claim or defense.

     

    Motion - Legal: Oral or written application to a court requesting it to issue an order to force performance of an action in favor of the applicant party (called the mover). Normally, the applicant must serve a notice of motion on the opposing party to forewarn it, but some motions (called 'ex parte') can be brought without such warning.

     

    Pleading - Formal statements served by each party to a lawsuit to one another, and containing their respective positions (allegations, claims, defenses, denials). The pleading of the party initiating the litigation process is called a complaint or petition, the defendant's pleading is called an answer. Pleadings only contain facts material to the party's claim or defense, and not the means of proving those facts. Their purpose is to define the issues, and narrow them down to the essentials.

    Izvor www.businessdictionary.com