What is a cross motion?


Quick Answer

In the field of law, a cross motion refers to the movement of a second party in response to a motion for action filed from the opposing party requesting action for a judgment on an issue at hand. Submitting a cross motion lets one party contest the actions of the other party, provided the cross-motioning party presents evidence within a strict time frame. To submit a cross motion, parties must include certain content, including a Notice of Motion, affidavit and supporting documentation, say experts with the New York City Civil Court.

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Full Answer

Parties wishing to file a cross motion must do so after an opposing party presents a motion. Either party may present a motion, requesting a summary judgment or to request a data discovery, before their case closes. The motion contains legal facts and moves through a formal filing process, along with a certificate of service, say authors at the Cornell Legal Information Institute.

The formal filing of a motion gives the non-moving party a 15-day window to submit a cross motion. Party members prepare affidavits for each issue addressed in the inaugural motion. Each affidavit, to prove valid in court, contains a statement of facts, which party members sign before a notary public. Parties faced with a motion do not have to respond with a cross motion, but failure to do so allows judges to make decisions based on information supplied only by the moving party.

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