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Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 677
Experience:  15 years law practice experience
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In a case where the parties have rested and the court has

Customer Question

In a case where the parties have rested and the court has not rendered a decision. Can you still file a motion?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NYS
JA: Has anything been filed or reported?
Customer: Not yet, I wish to understand what happens after a case is rested. If opposing cancel can still file a motion based on the case
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Legal
Expert:  AttyHeather replied 3 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 3 months ago.

It depends on what the motion is. Also, keep in mind that usually a party can make any motion they want, but it will be denied if without basis. In many trials, after both parties have rested, if one party thinks the other party has not proven their case by their burden of proof, then that party can immediately move for dismissal of the case. It happens fairly commonly. Does this answer your question?