Motions in Litigation

What are Motions?

A motion is a request to the judge (The Court) to take some action or make a decision on a specific request that will affect the course of the litigation. Motions are formal requests made by a party to a lawsuit asking the court to decide a specific issue before or during the trial. A “motion” is a written request to the judge that asks for a ruling on some issue in the case. During a civil case, most of your interactions with the judge will be the result of you or the other side filing a written motion.

How are Motions Used?

Motions can serve various purposes in litigation:

• Motion to Dismiss: This motion asks the court to dismiss the case because, even if all the allegations are true, the law does not allow the plaintiff to win.
• Motion for Summary Judgment: This is a request for the court to rule that the other party has no case, because there are no facts at issue. This can end the case without a trial.
• Motion in Limine: This type of motion is used to request that certain evidence be deemed inadmissible and not discussed during the trial.
• Motion for Continuance: This asks the court for more time before the trial starts or a postponement of proceedings, usually due to the need for additional time to prepare the case.
• Motion for a Protective Order: Used to protect a party from overly invasive or burdensome discovery requests.

Best Ways to Use Motions

To effectively use motions in litigation, consider the following strategies:

• Timeliness: File motions as soon as the grounds for them become apparent. This avoids delays and demonstrates to the court a commitment to efficiently progressing the case.
• Clarity and Precision: Clearly state the legal grounds and factual basis for the motion. Providing clear, concise, and compelling arguments can significantly influence a judge's decision.
• Support with Evidence: Back up your motion with solid evidence and legal precedents. Citing relevant statutes, case law, and providing evidentiary support can make your motion more persuasive.
• Anticipate Opposition: Consider potential counterarguments and address them within your motion to strengthen your position.
• Proper Format and Procedure: Follow the local court rules regarding the formatting, filing, and serving of motions. Non-compliance can lead to a motion being denied on procedural grounds.

Motion Basics

Under the court’s rules, a motion must:

1. Be in writing
2. State exactly what grounds you have for the request you are making
• This is called a “memorandum of points and authorities.” The memorandum is where you set out the facts of the case, the relevant law, and your analysis of the facts and the law, all of which supports whatever request you are making.
• If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it.
3. State specifically what you are asking for and what you want the judge to order
4. Be signed by you
5. Contain a “notice of motion”
• The “notice of motion” is where the court clerk inserts the date, time, and place the motion will be heard by the judge. When you “serve” (mail) the motion to the other side, the notice notifies the other side when the hearing will be held.
• Attach copies of the evidence or affidavits necessary to support your motion
• Most motions are supported by some kind of evidence. Your evidence could be a contract, photographs, e-mails between the parties, or any other document that supports your position.
• In State court, depending on your state, your evidence could also be an affidavit or declaration in which you state facts and information you know from your own personal knowledge and experience.
• Your evidence might also be discovery responses you received from the other side (answers to interrogatories, responses to requests for production, or responses to requests for admissions).

If you want to file a motion, the process is generally something like this:

1. You write your motion
2. You file your motion with the court clerk
3. The court clerk inserts the date and time your motion will be heard by the judge
4. You “serve” (mail) your motion to the other side
5. The other side files a written opposition to your motion with the court
6. You file a reply in support of your motion with the court
7. The judge conducts a hearing and makes a decision
8. The judge signs a written order granting or denying your motion
9. You file the signed order with the court clerk
10. You mail a notice of entry of the order to all the parties in the case

These are the basic rules that govern motions. But there are different types of motions for different purposes. And additional rules and laws might apply to them. So make sure you are familiar with the requirements for your type of motion.

Conclusion

In summary, motions are a critical tool in litigation that can shape the outcome of a case. They must be used thoughtfully and strategically to manage the legal proceedings and aim for a favorable outcome.