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Motion (legal)

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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.

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