Motion (legal)
A procedural request for a court decision on a contested issue.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.
- field
- United States law
- known_for
- Procedural device to bring a contested issue before a court for decision
- type
- Legal procedure
- related_parties
- Moving party (movant) and nonmoving party (nonmovant)
- applicable_proceedings
- Administrative, criminal, or civil proceedings
Lore & Background
In the United States, courts operate under the adversarial system and adhere to the principle of party presentation, meaning they rely on the parties to present contested issues. A motion is the mechanism by which a party asks the court to rule on a specific issue. Some motions are made orally in open court, but most important motions are decided after written legal papers are filed, including a memorandum of points and authorities and supporting affidavits or declarations. The nonmoving party typically has an opportunity to file opposition papers, and the movant may file reply papers.
Reader's Guide
Motions are fundamental to U.S. legal practice, allowing parties to seek resolution of discrete issues without a full trial. They range from motions to dismiss, which challenge the legal sufficiency of a claim, to motions for summary judgment, which ask the court to rule based on the evidence. Discovery motions address the exchange of information between parties. The process varies by jurisdiction, with some courts issuing tentative rulings and others requiring oral argument. The motion system embodies the adversarial model, where courts decide only issues brought before them by the parties.
Did You Know?
- The party requesting a motion is called the moving party or movant; the opposing party is the nonmoving party or nonmovant.
- In Missouri, the memorandum of points and authorities is uniquely termed 'suggestions'.
- A motion to dismiss has taken the place of the common law demurrer in most modern civil practice.
- Multiplicity, also known as allied offenses of similar import, occurs when two or more allegations allege the same offense.
Frequently Asked Questions
What is Motion (legal)?
A motion is a procedural mechanism in United States law that lets a party formally ask a judge to rule on a specific, disputed question within an ongoing case. It is essentially a targeted request for a judicial decision rather than a full trial.
What role does Motion (legal) play in court proceedings?
It acts as the structured way a party introduces a narrow contested issue for the court's determination. The movant files the request, and the nonmovant gets the opportunity to argue back before the judge rules.
When can Motion (legal) be filed?
A motion can be raised at virtually any stage of administrative, criminal, or civil proceedings. The exact timing, format, and procedural requirements are controlled by court rules that differ from one jurisdiction to another.
Why is Motion (legal) important to the legal system?
It gives parties a practical, efficient path to resolve discrete legal questions without waiting for a full trial on all issues. This keeps cases moving forward and lets judges address critical procedural or substantive matters as they arise.
Who are the key parties in a Motion (legal)?
The two central participants are the movant, who initiates the request for a court decision, and the nonmovant, who opposes it. The judge or judicial panel then weighs both sides' arguments and issues a ruling on the contested point.
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