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Longo analyzes section 2-615, which governs motions with respect to pleadings: By the very terms of the statute itself, Section 2-615 is a vehicle to strike or dismiss pleadings or parts thereof. It is not a vehicle to strike or dismiss a motion. This is because a motion is not a pleading. A motion is an. application to a court for a ruling or some kind of order in a lawsuit. A pleading, on the other hand, is a cause. of action, counterclaim, defense or reply.
One of the most significant differences between a direct appeal and a Â§ 2255 motion is that direct appeals are decided based on the district court record as it exists as of the time the notice of appeal is filed. In contrast, Â§ 2255 motions offer defendants the opportunity to present the court with new evidence. While issues which may be raised in a Â§ 2255 motion are not limited by the record as it exists at the time the motion is filed, unlike in a direct appeal, not all issues may be raised in a Â§ 2255 motion.