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What is the difference between and order and motion?

San Francisco, CA |
Filed under: Litigation

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

Attorney Answers 4


  1. 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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. 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 create an attorney-client relationship.


  3. 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.


  4. 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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