29. HOW MOTIONS ARE KILLERS and a COUNTERCLAIM CONFUSES THE ISSUE!

 I have come to question the incredible powers of a 'Motion.'

MOTION: 'A written or oral application, made to a court or judge, to obtain a ruling or order directing that some act be done in favor of the applicant...'

Remember: "In favor of the applicant..."

Say I am the Defense accused in a Plaintiff's claim of transgressions in a transactional contract that has hurt the Plaintiff badly (identified in the Plaintiff's Claim); the Defense with their 'Statement of Defense' has rightfully stated their reasons for disagreeing. The argument stands equal at this stage.

With both documents filed, the avenue to file a 'Motion' allows the 'Motion' filer to ask the court, judge, or Master (if the Case is in Case Management; which ours is) to negate the Plaintiff's Claim giving their reasons for dismissing the case.

Example: "This Motion is a request for an order to dismiss the claim based on, and relating to (named) Rules of Civil Procedure. In our case, as early as September 2011, Defense had filed a Motion requesting the claim be dismissed, on the basis it was frivolous, vexatious, and unfounded. But their main focus was on their Counterclaim of Defamation (the former Word Press Blog I ran).

This Plaintiff has gleaned over a number of Defense Motions (all carrying the constant: THE DISMISSAL OF THE CLAIM) that Motions can 'RULE' by overriding whatever would otherwise be considered 'regular' proceedings that prepare a case for a trial date.

Add to this the complexities for filing, paying for, and attending Motions some 4500 KMS away, since they are heard and attended, face-on-face in the jurisdictional Court of Defense.

Motions can be killers of JUSTICE.  They MUST be re-evaluated by a presently cockeyed, imbalanced system.