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So get this. In Texas the plaintiffs first pleading is a petition in state court but a complaint in federal court. Just to keep us in our toes.
And I always mix them up when talking state court v. fed!
Yes. A petition is a plaintiffs complaint asserting causes of action. A motion is almost anything else where a plaintiff or defendant or any other party is asking for relief from the court. In Texas anyway.
Thanks. I practice in Cook County (Chicago), IL in probate. Of course, petitions start the action, but attorneys in probate file pleadings after estates have been opened and seem to use petition and pleadings interchangeably
In PA a petition will require evidence/support whereas a motion will be based on things already on the record.
This is not correct. Under the Pennsylvania Rules, petitions are defined as applications to open or strike a default judgment or non pros and anything else the local rules include. In some judicial districts, that does include any application for relief that relies upon facts not of record, but that’s not true in all or even most districts. As always in Pennsylvania, read the local rules.
I think Motions to File Lawsuit should start being the norm. Get a little up front discussion with the Court clean up some of the bad ones and get the good ones fast tracked
In CT the only thing that is properly a petition is a request for a declaratory ruling. I don’t know what’s up with you guys, but we call the papers that initiate a suit pleadings generally or complaints specifically. Once pleading is closed, everything else is a motion.