Glossary

Motion

A formal request asking the court to issue an order: for example, dismissing the case, granting summary judgment, compelling discovery, or setting a hearing. Motions can be filed before, during, or after trial.

Motions are how lawyers (and pro se parties) ask judges to do things during a case. Almost every action a court takes: beyond accepting initial filings: happens because someone filed a motion.

A typical motion has: the actual motion (a short request), a supporting memorandum (legal arguments and facts), supporting evidence (declarations, exhibits), and a proposed order. The other side gets to file a response, the moving party may file a reply, and then the judge decides: sometimes from the briefing alone, sometimes after a hearing.

Common motion types include motion to dismiss, motion for summary judgment, motion in limine (about what evidence is allowed at trial), motion to compel (forcing the other side to comply with discovery), and motion for reconsideration.