What is the difference between and order and motion?

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

San Francisco, CA -

Attorney Answers (4)

Michael Charles Doland

Michael Charles Doland

Litigation Lawyer - Los Angeles, CA
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
Paula Brown Sinclair

Paula Brown Sinclair

Social Security Lawyers - Twin Falls, ID
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.
Paul Y. Lee

Paul Y. Lee

Litigation Lawyer - Irvine, CA
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
Sean Allen Goodman

Sean Allen Goodman

Litigation Lawyer - Tarzana, CA
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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