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Latest post Thu, Jun 9 2005 4:18 AM by Vincent Ding. 2 replies.
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Vincent Ding  +  106772 Thu, 09 Jun 05 04:18 AM
does someone know what is a motion and what is a petition.

BTW, i always say application rather than motion which to me has the similar meaning with the former.

and a petition is also strange to me. i wonder when a petition may appear.

tks
Joined on Fri, Apr 29 2005
Full Member 182
julielai  +  106819 Thu, 09 Jun 05 05:47 AM
Motion: Law. An application made to a court for an order or a ruling.
A formal proposal put to the vote under parliamentary procedures

Petition: A formal written application requesting a court for a specific judicial action: a petition for appeal.
The judicial action asked for in any such request.
(Source: dictionary.com)


Examples:
E.g. The motion to table HB 1235 prevailed.
e.g. Motion to strike, your honor?

Petition:
The petition for a writ of certiorari is granted.
We have gathered 10,000 signatures on this petition to re-open the city library.

Perhaps someone else has a different opinion on this.
Joined on Sun, Oct 24 2004
Senior Member 3,827
Just another blogger (http://hk.myblog.yahoo.com/julie-lai)
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julielai  +  106824 Thu, 09 Jun 05 06:01 AM
I've also heard of petitions for writs of mandamus

Hi guys, I normally see the word "petition" with "writ". Do you guys notice the same pattern?

PS.
mandamus: A writ issued by a superior court ordering a public official or body or a lower court to perform a specified duty.

cer·ti·o·rar·i: a writ from a higher court to a lower one requesting a transcript of the proceedings of a case for review.
source: answers.com
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