First of all, if he filed a motion he should have said that he had spoken to you and you told him certain facts or included an affidavit by you for it to be properly made upon "information and belief". Second, it is not a motion that will be successful, and if you did not tell him that you had no memory of the events he cannot properly make the motion. Third, a lawyer should always return your calls and emails the same day or there is a lack of communication and he is not paying attention to his clients, and that is not a god sign. I have never heard of such a motion and it is not going to result in any favorable decision.
Answered on Nov 24th, 2012 at 9:16 PM