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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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Civil case: leave of the court - when filing for leave to file

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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.

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