How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John, Attorney
Category: Legal
Satisfied Customers: 4466
Experience:  Licensed and practicing attorney.
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

Civil case: leave of the court - when filing for leave to file

This answer was rated:

Civil case: leave of the court - when filing for leave to file a motion, should I file for leave and wait for the court to grant or deny, or file the motion with the leave?
Hi, thanks for submitting your question tonight. You will generally have to attach the motion you plan to file if given leave to file. This is because, when you ask for leave you aren't necessarily asking for more time, but, rather, for the court to allow you to do something that you wouldn't necessarily be allowed to do otherwise. In most instances it is just because time has expired to file such a amended complaint or motion, in which case it would be necessary to have the pleasing or motion attached....basically because the court is going to want to know what it is agreeing to in allowing the general rules to be altered. There could be some instances where the pleading or paper need not be attached....maybe if the party could allege that it was awaiting some future event to submit the document...but honestly in all my years of practice nothing so extraordinary has happened to me.

BotXXXXX XXXXXne, in the great majority of instances the motion will need to be attached to the motion for leave, assuming all the material facts are know for the motion you wish to file. Otherwise the court will be hesitant to grant leave for something it has no idea about.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John and 4 other Legal Specialists are ready to help you

Related Legal Questions