Q: Is a "Motion To Compel, Dismiss, or Stay" all 1 Motion or 3 separate Motions in 1?
My local court wanted to charge me for 3 and I told them it was only 1 Motion, but unsure
A: That depends upon their definition of "motion." A motion is really just a formal request for the court to do something. In that sense, the court may think you have three requests, and therefore, three motions. It is also a physical document, which I take it you only had one of. It is even a bit more complicated than that. A single motion may include a request for something outright and then a second option, less desirable but still better the current state of things. If properly written and appropriate, this is clearly one motion. I can't think of a way the three things you've listed--compel, dismiss, or stay--would, however, be appropriately joined as alternative options. What is it you are trying to compel? What are you trying to dismiss? What are you trying to stay? I could see a motion to dismiss coupled with a motion to compel discovery in the alternative and a separate motion to stay something. So there may even be an argument that you have two motions, not one or three.
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