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Lucy, Esq.
Lucy, Esq., Attorney
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Can you tell me what the difference is between a motion and

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Can you tell me what the difference is between a motion and a petition?

Thank you for using Just Answer. A motion is when you ask the court to do something, either orally or in writing. A petition is another term for the same thing.

When you submit the affidavit, attach any proof that you have. In the affidavit, reference each document you attach, explain what it is, and swear that it is a true and accurate copy of the original document.
Customer: replied 7 years ago.
In reserching all this I found a petition must follow certain formatting guidelines, opening with discovery first paragraph then parties then jurisdiction etc but i don't find that to be true of a motion. I don't want to get thrown out due to format. Please advise. Thank you again.
In Texas, a suit may be started by filing a Petition, which is also known as a Complaint. (you can't file a motion to start a new case). That petition has a number of specific requirements, such as those you just noted.

There are also formatting requirements for a motion, but they are different. You'll want to put the name of the court at the top, along with the case number. Then, you put the court caption, which is the names of the parties - you'll see the format for the caption on the other documents. Then, underneath, you'll put the title of the motion. Rule 21 of the Texas Rules of Civil Procedure states that a motion "shall be filed with
the clerk of the court in writing, shall state the grounds therefor, shall set forth the relief or order sought, and at the same time a true copy shall be served on all other parties, and shall be noted on the docket."

That link is for the entire Rules, but you'll just want to look at the general provisions at the top and the rules of the specific court you are in. Let me know if you have any other questions.
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