A motion that attempts to counter a similar motion filed by an opposing party.
After the plaintiffs moved to recuse his counsel, the defendant filed a cross-motion to disqualify theirs.
Question:
What is a cross motion and is it avoidable?
Needing to go to court to resolve matrimonial issues but the other half has been masterfully procrastinating.. forcing the injured party to suffer and take matters to court (which she cannot afford) – her lawyer advised that he will file a cross motion… could someone explain?
Answerer:
When one party brings a motion (asks the Court for relief before trial) and the other party brings a motion to be heard at the same time, the second motion is referred to as a cross motion. In your case, you should take it as meaning that if you head to court seeking relief against the other party, the other party will ask the court for relief against you. Get some legal advice on the details and if you cannot afford a lawyer, contact Legal Aid or your nearest faculty of law, where you may find a student to give you some help.
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