What is a "Notice of Motion"?

Question

My lawyer wishes to be removed from this case and does not wish represent me in my case.

So is the lawyer only asking the court to remove him from his position? And do I have to go to the court to hear the motion? Also, why do I have to pay him to do this act? And can't he do it in any other way? Like on written paper. I am confused.

Answer 1

The lawyer needs leave from the court to quit representing you. So he'll present his motion, give the reason(s), and the judge will undoubtedly approve the motion. You received the notice of motion as a legal requirement.

Then the judge will tell you that you have a certain number of days to find alternative representation. That can be difficult, because your prospective replacement attorney will know the reason the first attorney fired you (it will be public record). If you've been uncooperative, or have not paid the first attorney -- those are common reasons for being fired.

You don't have to be present for the hearing on the motion.  

Answer 2

Ask your lawyer... you paid for his services, he can explain everything to you.  Call your state bar association... cal a volunteer legal organization for a free answer.  Would you really rely on legal advice from strangers on the Internet?

Answer 3

A partys written notice, under applicable procedural rules, that it is requesting the courts determination on an issue pertaining to a pending litigation. Motions are typically used to resolve procedural issues such as discovery disputes or issues of the excludability of evidence, but may also seek dismissal of the case on the grounds that the pleadings do not state a cause of action, or summary judgment on the grounds that there is no disputed fact issue on which the other party could prevail.