Definition

[catlove165]

Can someone tell me the difference between a notice of motion and an objection? Does both have to be file or is one enough?

 

[freebird]

Can someone tell me the difference between a notice of motion and an objection? Does both have to be file or is one enough?

The joys of law... terminology. A "Notice of Motion" is providing the other party or parties with a notice that a motion is being made in front of the Court and specifies information as to the hearing date and place when and where the motion is to be heard. An "objection" can be a number of different things. You can make an objection in open court during direct examination of a witness by simply stating so during the examination (e.g., the attorney is "leading" their own witness.) What you may be talking about is an objection during discovery, before we get to trial, and you may want to make a motion because you object to some procedure, process or other issue. You would then file a motion to object and it may require a notice of motion, as explained above. Make sense?