Nepedia
Back to Discover
Advanced Reader
📖

Motion (legal)

society Maturity 11-13 Next article →

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.

691 words

Where will your curiosity go next?

Keep exploring at your chosen reading level.

More to explore

🔬 Go deeper

More advanced topics to explore

🪜 Step back

Simpler topics to build understanding

What is Nepedia?

A free, ad-free encyclopedia for children. Every article is written at five reading levels, so the same page works for a five-year-old and a fifteen-year-old — use the level switcher above to see this one change. No account needed to read.