Motion
A formal written request asking the court to make a specific ruling or take a specific action.
A motion is a formal request to the court asking a judge to make a decision or take action on a specific issue. Motions are usually made in writing, and the other side typically gets a chance to respond before the judge rules.
Common types of motions include:
- Motion to dismiss: Asking the court to throw out the case because of a legal defect.
- Motion for summary judgment: Asking the court to decide the case without a trial because the facts are not in dispute.
- Motion to compel: Asking the court to force the other side to turn over evidence or answer questions.
- Motion in limine: Asking the court to exclude certain evidence from trial.
- Motion for continuance: Asking the court to postpone a hearing or deadline.
When a party files a motion, they typically submit a written brief explaining their argument and the legal basis for it. The other side files a response, and the judge may hold a hearing before ruling.
Example: Before trial, the defendant’s lawyer files a motion to dismiss, arguing that the plaintiff filed the case after the statute of limitations had expired. The plaintiff responds in writing, and the judge schedules a hearing to decide the issue.
Throughout a lawsuit -- before, during, or after trial -- whenever one side asks the judge to decide something.