What is a motion for leave to file?


Quick Answer

A motion for leave is a request to file something that is not automatically allowed under the law. Often, a motion for leave to file is used to request a time extension from the court. Once the court receives the motion, the judge may either grant or deny it.

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Full Answer

Rules of procedure, which vary between courts, govern matters related to filing lawsuits. If a party must deviate from the rules in any way, that party must generally file a motion asking the court whether the deviation is acceptable. Sometimes, if a party does not request leave to break the procedural rules, the party may lose the lawsuit and have their claim dismissed or receive a judgment against them.

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