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The Divorce Encyclopedia
Notice; Legal Notice; Motion of Notice


Term Definition Notice; Legal Notice; Motion of Notice - the procedure for informing a party that a legal action or motion is pending against him or her in a court.
Application in Divorce Also known as notice, notice of motion is the first step in a legal pleading. It places the parties and the court on notice that the moving party is requesting relief by a return date. This is a legal notice that on a certain designated date, a motion will be made for the purpose stated.

The rules of practice and procedure require that parties being sued are properly informed. This is called service, and in a divorce action, as in all civil actions, it is the first step.

Except for ex parte motions, courts refuse to hear complaints or motions unless the parties are properly notified.

In a divorce action, Initial complaints, which begin the action, must be served in person by a sheriff or constable, and parties normally have 20 days to respond. The laws of each jurisdiction vary on this.

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