What is the difference between and order and motion?

Asked about 1 year ago - San Francisco, CA

"Order Setting Aside and Vacating Default Judgement" and "Motion to Set Aside and Vacate Default Judgement"

Attorney answers (4)

  1. Michael Charles Doland

    Contributor Level 20

    30

    Lawyers agree

    1

    Answered . A motion requests the court to decide a question.
    The Order is the decision by the Court on the question.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Paula Brown Sinclair

    Contributor Level 20

    26

    Lawyers agree

    1

    Answered . A motion is a request for relief. an order is the response granting or denying the requested relief.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. Paul Y. Lee

    Contributor Level 18

    23

    Lawyers agree

    1

    Answered . A motion to set aside is a reqest to the court by the moving party that the court set aside and vacate the judgment. An order setting aside and vacating default judgment will occur if the court grants the motion. Once the order is issued, the default judgment will be set aside and the case will be restored to civil active list. If the motion is denied, the default judgment will stand.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more
  4. Sean Allen Goodman

    Contributor Level 6

    6

    Lawyers agree

    Answered . A party makes a motion that requests certain action by the Court. In response to the motion, the Court will make an Order.

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