What Is a Court Motion?

When you file a case in court, you are introduced to an entirely new language that you may not use in everyday life. Words that you think you know can take on entirely new meanings, such as discovery and motions. A court motion is a formal request asking a judge to rule, issue an order, or take a specific action related to the case.

If you have a case and need to file a motion or need other legal guidance regarding your case, consult a local civil litigation attorney. You can discuss your situation with a lawyer and determine next steps, including whether any motions will help you.

What Is a Court Motion?

A court motion in its simplest form is a formal request, usually a written request (or by e-filing), asking a judge to make a decision or to take a specific action during a case. Sometimes the parties present an oral argument before the judge on the motions. Either way, they must follow court rules.

Motions play a role in both civil litigation and criminal cases. In many cases, the moving party must also file a notice of motion, which tells the court and the opponent that a request is being made and when it will be heard.

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Main Types of Motions and What They Do

Motions may serve a variety of purposes, from resolving procedural issues to ending a case entirely. During the pre-trial phase, parties can file motions asking the court to rule. Motions can also occur during trial.

Common motions include:

• Motion to dismiss. Argues that there are procedural or legal issues with the case and that it should therefore be thrown out. Examples include the plaintiff failing to state a legal claim in their pleadings or filing the case in the wrong jurisdiction.
• Motion for summary judgment. A pre-trial motion that asks the court to decide the case based on undisputed facts. It asks whether a genuine issue of material fact exists.
• Motion to compel. It asks the court to require the other side to share requested information.
• Motion for continuance. This motion asks for more time or a delay in court proceedings or a trial.
• Motion in limine. Requests that the court exclude certain evidence from trial.

Other common motions include a motion to strike evidence or resolve discovery disputes, such as a motion to compel discovery. Each motion has its own procedural rules, deadlines, and legal standards.

Who Can File a Motion, and When?

Any party to a lawsuit, a plaintiff or a defendant, can file a motion. The movant usually does so through their attorney. If a movant does not have an attorney, they can file the motion themselves.

Motions can be filed at various points during a lawsuit. In the early stages, motions to dismiss and motions about jurisdiction are common. During discovery, motions to compel, motions for protective orders, motions to quash a subpoena, or motions to suppress are common.

At the pre-trial stage, there are motions for summary judgment or motions in limine. During or after trial, motions for a new trial, a motion to set aside judgment, or a mistrial can be considered.

Timing matters when filing motions, and courts enforce strict deadlines. Courts may have discretion in deciding motions.

Dispositive vs. Non-Dispositive Motions

There are two main types of motions: dispositive motions and non-dispositive motions. Dispositive motions can end a case or major parts of a case. If the dispositive motion leads to the final order, it can resolve the case entirely.

A dispositive motion, such as a motion for summary judgment, must be supported by evidence such as affidavits and declarations. These motions carry higher stakes and face stricter judicial scrutiny.

Non-dispositive motions handle procedural or preliminary matters without ending the case. Examples include a motion to compel discovery or a motion for continuance. Non-dispositive motions manage how the case proceeds through the legal process without ending it. Although these motions are more routine, they still shape how a case unfolds.

How Motions Advance a Lawsuit and Are Used Strategically

Rather than saving all legal issues for trial, court motions attempt to resolve matters before the end of a case or trial. When a judge grants a motion, the decision must be issued as a court order that the parties must follow.

The moving party can use these court papers for the following reasons:

• Narrowing the issues before the trial
• Testing the strength of the other side’s case
• Managing evidence and shaping what a jury will hear
• Encouraging settlement by demonstrating a strong legal position

Well-timed motions can help the parties and the court. They can save time, reduce costs, or even end a case in the movant’s favor. An experienced attorney can help attorneys weigh cost, timing, and the likelihood of success before filing a motion.

Getting Legal Help

The civil litigation process involves far more than a day in court. Each step requires strategy, precision, and a deep understanding of the law. That’s why having a civil litigation attorney by your side is critical. They can guide you through every phase and fight to protect your interests.

Use the Super Lawyers directory today to find a qualified civil litigation attorney near you.