A motion is a formal request asking a court to issue an order or take some action in a case. Parties file motions throughout a lawsuit, from the first days after a complaint through post-trial proceedings. A motion can ask the court to dismiss a claim, compel discovery, exclude evidence, move a deadline, or decide the case without a trial. Understanding how motions work helps anyone follow what is happening in a civil case and why a judge rules the way they do.
What a Motion Is
A motion is not a filing that decides anything by itself. It is a request. The court grants it, denies it, or grants it in part. Most motions are made in writing and become part of the case record. Some are made orally during a hearing or trial. The rules that govern motions come from the Federal Rules of Civil Procedure in federal court and from comparable state rules in state court, along with each court's local rules.
The Parts of a Written Motion
- The caption, which identifies the court, the parties, and the case number.
- The motion itself, which states what the party wants and the legal basis for it.
- A memorandum of law, often called a brief, that explains the argument and cites authority.
- Supporting declarations, affidavits, or exhibits such as contracts or records.
- A notice of hearing or a request to set a hearing date, where local rules require one.
- A proposed order, which is a draft the judge can sign if the motion is granted.
Common Types of Motions
| Motion | What it asks | Typical timing |
|---|---|---|
| Motion to dismiss | Throw out a claim for legal defects in the complaint | Early in the case |
| Motion to compel | Force the other side to answer discovery | During discovery |
| Motion for summary judgment | Decide the case without a trial | After discovery |
| Motion in limine | Exclude or limit evidence before trial | Before trial |
| Motion for a continuance | Postpone a hearing or trial | Any stage |
| Motion for a new trial | Set aside a verdict and retry the case | After trial |
How a Motion Moves Through Court
The process usually follows a predictable path:
- The moving party files the motion with the court and serves a copy on every other party.
- The opposing party files a response, sometimes called an opposition, within the time the rules allow.
- The moving party may file a reply brief addressing the response.
- The court may hear oral argument, decide on the papers, or both.
- The court issues a written or oral ruling, often with reasons.
Deadlines are set by the rules of civil procedure, the court's scheduling order, and local rules. Missing a response deadline can mean the court treats the motion as unopposed, so parties track these dates closely.
Written Motions and Oral Motions
Most significant motions are written because they create a record and give both sides time to research and respond. Oral motions happen during hearings and trial, often for immediate matters like a request to strike testimony or to approach the bench. A court may also allow a party to make an oral motion to supplement a written one, or it may require that certain requests be in writing.
Ex Parte and Emergency Motions
An ex parte motion is made without notice to the other side. Courts allow them only in narrow situations, such as when notice would defeat the purpose of the request, for example a temporary restraining order to prevent immediate harm. Because the other side has no chance to respond, courts scrutinize ex parte requests carefully and often require the moving party to show why notice was not possible. Emergency or expedited motions ask the court to shorten the normal briefing schedule when time is critical.
Who Decides and What Standard Applies
The judge assigned to the case decides most motions. The standard the judge applies depends on the type of request. A motion to dismiss for failure to state a claim tests only the legal sufficiency of the complaint, while a motion for summary judgment asks whether material facts are genuinely disputed. Discovery motions often turn on relevance and proportionality. The moving party usually bears the burden of showing that the request should be granted.
State and Local Variation
Federal courts follow the Federal Rules of Civil Procedure, and each district has local rules that set page limits, formatting, filing procedures, and hearing practices. State courts follow their own rules, which may use different names, deadlines, or standards. Some courts require a meet-and-confer before certain motions, meaning the parties must try to resolve the issue before asking the judge to step in. Always check the rules of the specific court.
Sanctions and Frivolous Motions
Courts expect motions to have a reasonable basis in law and fact. Under Rule 11 of the Federal Rules of Civil Procedure, an attorney or unrepresented party who signs a filing certifies that it is not presented for an improper purpose and that the legal and factual claims are warranted. A court may impose sanctions for a violation, which can include ordering the offending party to pay the other side's expenses. State rules contain similar provisions. Sanctions are not automatic, and courts usually give the party a chance to correct or withdraw the filing first.
Costs can also follow a motion. The winning party may recover certain filing fees and other expenses, though attorney fees are generally available only when a statute, rule, or contract provides for them.
Where to Find the Rules
The Federal Rules of Civil Procedure are published at uscourts.gov and summarized at law.cornell.edu. Individual federal district court websites post their local rules and standing orders. State court websites publish their rules of civil procedure and often provide self-help motion forms.
This guide is general information about civil procedure and is not legal advice. Motion practice is technical and deadline-driven, so anyone involved in a case should consult a licensed attorney about the rules that apply.