Motions

The Motions page allows you to view and record the details of motions in the case. The page includes motions served on your firm in addition to those initiated by your firm. Note that orders to show cause are also recorded on this page in the Motions table, even though they are not technically motions. This manual will follow the convention of the SmartAdvocate system and use "motion" to describe any action requesting a judge's decision. To distinguish between actual motions and orders to show cause, use the [Category] field in The Add/Edit Motion Panel.

The Structure of This Page

  1. Add Motion button. Used to add a motion to the case file.

  2. Motions table. Contains the motion details and allows various actions to be performed on them.

Motions Table

The Motions table is where the details of motions are stored. Each row of the table represents an individual motion. See Tables for general information about table structure and usage, including all buttons and other tools in this table that are not mentioned below.

Columns in the Table

The Motions table contains the following available columns:

 

 

  1. Motion: The type of the motion and the form of the motion. If the [Form] field in The Add/Edit Motion Panel is left blank, this column behaves as though Submission were selected.

  2. Date Sent/Received: The date on which the motion was sent or received by your firm.

  3. Movants: The parties that initiated the motion.

  4. Respondents: The parties against whom the motion was filed.

  5. Return Date: The date the motion is to be heard by the court.

  6. Documents: The documents associated with the motion.

  7. Comments: Any comments about the motion.

  8. Relief: Whether the court granted or denied relief, or partially granted or denied relief.

  9. [column with no title]: Right-click icon; right-click menu contains Edit, Delete, and Select Documents.

Editing a Motion

To edit a motion:

  1. Click the right-click icon in the untitled column of the row representing the motion you wish to edit, or right-click anywhere in that row. This will bring up a menu of options.

  2. Click the Edit option in the menu. This will bring up an Add/Edit panel for motions, with the existing information filled in.

  3. Fill the fields in with your desired information. See The Add/Edit Motion Panel for details about the fields.

  4. Click Save to save the changes and close the panel.

    • If you decide you do not wish to save the changes, click Cancel instead of clicking Save to undo the changes and close the panel. You can also click the white X at the upper right of the panel to do the same thing.

Deleting a Motion

To delete a motion:

  1. Click the right-click icon in the untitled column of the row representing the motion you wish to delete, or right-click anywhere in that row. This will bring up a menu of options.

  2. Click the Delete option in the menu. This will bring up a confirmation message (to avoid accidental deletions).

  3. Click the OK button in the message to confirm the deletion.

    • If you decide you do not wish to delete the motion, click Cancel instead of clicking OK to cancel the deletion. You can also click the black X at the upper right of the message to do the same thing.

    • Until you either confirm or cancel the deletion, you may not be able to visit any other tab in your browser.

Adding a Motion

To add a new motion:

  1. Click the Add Motion button. This will bring up an Add/Edit panel for motions, blank except for defaults.

  2. Fill the fields in with your desired information. See The Add/Edit Motion Panel for details about the fields.

  3. Click Save to save the motion and close the panel.

    • If you decide you do not wish to save the motion, click Cancel instead of clicking Save to undo the changes and close the panel. You can also click the white X at the upper right of the panel to do the same thing.

The Add/Edit Motion Panel

The Add/Edit Motion Panel allows you to fill in the details of a motion. Note: When adding a new motion, the panel that appears is a combination of this panel and The Add/Edit Respondent Panel. This panel appears alone when editing an existing motion. See Add/Edit Panels for general information about panel structure and usage. This panel contains the following fields:

 

 

  1. [Category]: Whether the action is a motion or an order to show cause.

  2. [Form]: Whether the motion is made by submitting on the papers, oral argument is requested, or it is unspecified.

  3. Type: The type of the motion.

  4. Date Sent/Received: The date the motion was sent or received by your firm.

  5. Movants: The parties that initiated the motion. Clicking the All Plaintiffs button selects all plaintiffs in the case and deselects all defendants. Clicking the All Defendants button selects all defendants in the case and deselects all plaintiffsClicking the All Parties button selects all plaintiffs and all defendants in the case.

  6. Return Date: The date the motion is to be heard by the court. This field cannot be edited directly; to edit it, click the Add or Edit button to the right of the field, which will open an Add/Edit Appointment Panel. This field will automatically contain the start date of the appointment created through the panel. Click the History button to the right of the panel to view the appointment history of the appointment created through this panel.

  7. Method of Service: The method of service of the notice of motion or order to show cause.

  8. Court Filing Completed: The date the motion papers were filed with the court.

  9. E-File: Whether the motion or order to show cause was filed electronically.

  10. Opposition Due: The deadline to serve opposition papers on the motion.

  11. Critical Deadline [Opposition]: Whether SmartAdvocate should create a Critical Deadline from the Opposition Due date.

  12. Cross Motion Received: Whether a cross motion was filed in response to the motion. If this box is checked, a comment box opens, permitting the entry of information about the cross motion.

  13. Reply Due: The deadline to serve reply papers on the motion.

  14. Critical Deadline [Reply Due]: Whether SmartAdvocate should create a Critical Deadline from the Reply Due date.

  15. [Respondent Table]: A table allowing you to enter the parties who are respondents in the motion or order to show cause. The first row of the table permits the entry of the respondents; subsequent rows list parties already listed as respondents and allows them to be edited or deleted.

  16. Decision/Order: Whether the court's decision or order was received from the court or from other parties.

  17. Relief Granted: Whether the court order or decision granted, denied, or partially granted and denied the relief requested in the motion or order to show cause.

  18. Decision/Order Date: The date of the court's decision or order.

  19. Order Received: The date the court's order was received by your firm.

  20. Order Sent: The date the court's order was sent to your adversary by your firm.

  21. Order Served: The date the court's order was served on or by your firm.

  22. Method of Service: The method of service of the Court's order.

  23. Court Order Filed: The date on which the court's order was filed.

  24. Last Date to Comply with Order: The last date on which compliance with the court's order is required.

  25. Critical Deadlines for: A multi-choice dropdown listing all parties, which creates a critical deadline for compliance with the court's order for those parties chosen.

  26. Settle Order: Whether it is required to settle with your firm's adversary on the form of the order.

  27. Last Date to Settle: The date by which the parties must settle on the form of the court order. This field is uneditable unless the Settle Order box is checked.

  28. Critical Deadline [Settle Order]: Whether a Critical Deadline should be created from the Last Date to Settle.

  29. Settlement Date: The date on which the parties settled on the form of the court order.

  30. Order Date: The date of the court order.

  31. Last Date for Notice of Appeal: The last date on which an appeal of the court order can be filed.

  32. Critical Deadline [Appeal]: Whether a Critical Deadline should be created from the Last Date for Notice of Appeal.

  33. Comments: Any comments about the motion or order to show cause.

  34. Related Documents: Tool for adding and tracking documents.

Visit smartadvocate.com/support for other help options including how to access our Support Tracker and Daily Office Hours sessions.