What is the purpose of a motion in civil practice?

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

A motion in civil practice serves the critical function of making a formal request to the court for a specific ruling or order. This allows parties in a legal dispute to seek a decision on particular issues or questions that need resolution before trial or during the trial process.

For example, a party may file a motion to compel discovery, seeking the court's assistance in obtaining documents or information from the opposing party, or a motion for summary judgment, requesting the court to rule in their favor based on the evidence presented without proceeding to a full trial. The process of submitting a motion involves providing written notice to others involved in the case and often requires supporting documents or affidavits to bolster the request, showcasing its role in civil litigation.

In contrast, scheduling the next court date is typically handled by the court administrative staff or through a case management process rather than by a motion. Presenting evidence during a trial is a separate phase of litigation where parties introduce testimony and documents to support their case, which does not involve making a motion. Lastly, issuing a verdict is the role of the judge or jury after evaluating all evidence and arguments presented at trial, rather than a function of a motion, which is more about seeking interim relief or clarification in the ongoing proceedings.

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