Motion (legal)

In a court, people make a special ask. This ask is called a motion. One person asks the judge to make a choice. They might ask the judge to end a case. This is called a motion to dismiss. This can happen if a claim is not right. Other people can also ask for help. They might ask to see facts or papers. This helps everyone learn the truth. A judge listens to the ask and decides what to do. This helps the court work well.

In a court, people make a special request. This request is called a motion. A motion asks a judge to make a decision. One person makes the motion. We call this person the movant. The person who does not want the motion is the nonmovant.

In the United States, courts use an adversarial system. This means the judge does not hunt for facts on their own. Instead, the people in the case must present the facts. Lawyers help them do this. A movant can ask for things in many ways. Sometimes they speak out loud in court. Other times, they must send written papers to the judge. These papers explain why the judge should agree.

There are different kinds of motions. A motion to dismiss asks the judge to end a case. This might happen if the claim is not a legal issue. Another kind is a motion for summary judgment. This asks the judge to decide the case right away. It is used when the facts are not in doubt. There are also discovery motions. These help people share information and evidence with each other.

In the United States legal system, a motion is a special tool. It is a formal request made to a judge. A judge uses motions to make decisions about specific parts of a case. The person asking for the decision is called the movant. The person who disagrees is the nonmovant. Motions can happen in many types of legal cases. These include criminal cases and civil cases. They can even happen in administrative proceedings.

How a motion works depends on the rules of the court. In the United States, courts use an adversarial system. This means the judge does not search for facts alone. Instead, the parties in the case must present the facts themselves. This is known as the principle of party presentation. Some motions are made by speaking out loud in court. Other times, the movant must file written papers. These papers include a legal argument and evidence. The evidence often comes in forms called affidavits or declarations.

There are many different kinds of motions used in court. A motion to dismiss asks the judge to end a claim. This might happen if the law does not offer a remedy for the problem. For example, a claim might be dismissed if it is filed too late. Another important type is the motion for summary judgment. This asks the judge to decide the case without a full trial. It is used when the facts are not in dispute. This tool helps the court settle cases quickly.

Different rules apply to different types of motions. Discovery motions are used to help parties exchange information. In criminal cases, these rules are very strict. In civil cases, the rules often depend on local court customs. There are also motions used in military law. For example, Rule 907 of the Rules for Courts-Martial allows for motions to dismiss. Some motions can be based on a person's rights. This includes the right to a speedy trial. Other motions deal with whether a court has the power to hear a case.

History shows how these legal tools have changed over time. The motion for summary judgment was used in England for over 50 years. It became common in the United States around 1934. New York was a leader in bringing this rule to the U.S. Today, these motions are very important tools. They help manage how much time and effort a case needs. Lawyers use them to decide if a trial is even necessary. This helps the legal system move forward in an organized way.

In the United States legal system, a motion is a procedural device. It is a formal request made to a judge or a group of judges. The purpose is to ask for a specific decision regarding a contested issue within a case. Motions can occur during administrative, criminal, or civil proceedings. The person or side making the request is called the movant. The side that disagrees with the request is known as the nonmovant. Because courts do not act on their own to solve every problem, motions are necessary to bring issues to light.

To understand how motions work, one must understand the adversarial system. In an inquisitorial system, a judge might independently investigate facts to find the fairest outcome. However, U.S. courts follow the principle of party presentation. This means the court relies on the parties and their lawyers to present the facts and laws. The judge only rules on the issues that the parties actually bring forward. Without a motion, a judge generally will not decide on a specific contested matter.

The process for making a motion varies by location and type. Some motions are made orally in open court during a trial. For more important issues, the movant must file written legal papers in advance. This process usually involves a memorandum of points and authorities. This document provides the legal argument for why the movant should win. The movant must also provide a factual foundation. This evidence is often submitted through affidavits or declarations made under penalty of perjury.

Different jurisdictions have unique traditions for these written arguments. In most U.S. states, the memorandum is written impersonally. The attorney uses a separate affidavit to provide personal knowledge. However, a few states allow the attorney to speak personally in the memorandum. In Missouri, these written legal arguments are uniquely called "suggestions." Once the papers are filed, the nonmovant has a chance to respond. The movant may then file reply papers to rebut those arguments.

One common type of motion is the motion to dismiss. This asks the court to decide that a claim is not legally valid. For example, a claim might be dismissed if the law provides no remedy for the specific problem. A claim might also be dismissed if it was filed after a statute of limitations expired. In federal criminal proceedings, Rule 12 allows parties to raise various defenses or objections. A motion can also be used to "sever" charges or defendants. This means separating them into different proceedings.

Another major type is the motion for summary judgment. This asks the judge to decide the case without a full trial. It is used when there is no genuine dispute regarding the material facts. To grant this, a court must find that the moving party is entitled to judgment as a matter of law. This tool helps the system dispose of actions quickly when a trial is unnecessary. For instance, a medical malpractice claim might face summary judgment if no expert testimony exists. This prevents wasting resources on cases that lack essential evidence.

Discovery motions are also essential for the exchange of information. These motions manage the tension between the right to discover facts and the duty to disclose them. In civil cases, rules like Rule 56 of the Federal Rules of Civil Procedure govern these actions. In criminal cases, discovery is more focused on constitutional guarantees of disclosure. If these rules are violated, charges might be dismissed. In military law, Rule 906(b)(7) provides a basis for motions for appropriate relief. These tools ensure that both sides have the information needed for a fair process.

Historically, the motion for summary judgment has a significant legacy. It was used in England for over 50 years before appearing in the U.S. around 1934. New York was a leader in adopting this rule in the United States. Today, these motions are indispensable tools in administrative actions. They are used by groups like the Equal Employment Opportunity Commission. While they require significant resources to prepare, they help manage the legal system. They allow lawyers to estimate the costs and risks of a trial before it begins.