It means that the judge is not giving the relief requested in the motion but is allowing the moving party to re-file the same motion (perhaps with different, better facts) at a later point in time. It does not mean an amended motion, it means a new motion.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
It means that you're motion didn't success but you could try again. The reasons for the denial might give your lawyer an idea of whether and how to re-file this motion. Your motion may have been lacking only 1 detail, or might be very deficient.
This ruling, and your question about what it means, should make it clear to you that you need a lawyer.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
What the other attorneys said is generally true. Without specific details about the exact motion that was filed, and what the court said, no detailed response is possible. Some motions have to be filed within certain time limits, so you may need to file another motion quickly.
If you have an attorney, you should talk to him/her immediately. if not, you should consider consulting with an atty immediately.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline