What is a motion?
A motion is a formal request asking the court to do something: issue a ruling, dismiss a case, allow some evidence, compel discovery, or any of dozens of other things. Almost every action a court takes during a case happens because someone filed a motion.
This lesson explains what motions are, how they work, and the major types you'll encounter.
The basic structure
Most motions have several parts, even when filed as a single document:
1. The motion itself
A short request stating what the moving party wants. Often just a few sentences: "Defendant moves for summary [judgment](/insights/glossary/judgment) on Count II of the complaint."
2. The supporting memorandum (or "brief")
The longer document explaining why the court should grant the motion. This is where the legal analysis happens: citations to statutes and case law, application to the facts, arguments addressing the standard the court has to apply.
3. Supporting evidence
If the motion depends on facts (most motions do), the moving party attaches evidence: - Declarations (or affidavits): sworn statements from people with relevant knowledge - Exhibits: documents, contracts, photos, deposition transcripts - Statements of fact: in summary judgment, a numbered list of "undisputed" facts
4. A proposed order
A draft order the judge can sign if they grant the motion. Not always required, but usually a good practice.
How motions work procedurally
Filing and serving
The moving party files the motion with the court and serves a copy on the other parties. Both sides have to know what's been filed.
Response time
The non-moving party has a window to respond: usually 14-30 days, depending on the court and the type of motion. They can: - Concede (rare) - Oppose with a written response (most common) - Move to strike or for sanctions if the motion is frivolous
Reply
The moving party often gets to file a reply addressing what the opposition argued. Replies are typically shorter than openings: focused on the specific points the opposition raised.
Hearing
Many courts hold a hearing on motions, where the lawyers argue their positions and the judge can ask questions. Some judges decide motions on the briefs alone without a hearing.
Ruling
The judge rules: granting, denying, or sometimes splitting (granting in part, denying in part). The ruling becomes an order that's part of the case file.
Time to decide
Most motions are decided within a few weeks of being fully briefed. Complex motions can take months. Some courts have local rules about how long judges have to decide.
Major types of motions
There are dozens of motion types. Here are the ones non-lawyers are most likely to see.
Motion to dismiss
Filed by a defendant, usually at the very start of the case. Argues that the plaintiff's complaint should be thrown out: for example, because it doesn't state a legally valid claim, the court lacks jurisdiction, or the [statute](/insights/glossary/statute) of limitations has expired.
If granted, the case ends. If denied, the defendant has to file an answer and the case continues.
Motion for summary judgment
Filed by either party, usually after discovery. Argues that, given the undisputed facts, the law requires judgment for the moving party: no trial needed.
This is one of the most consequential motions in civil litigation. A grant ends the case. A denial means trial.
Motion to compel
Filed during discovery when one side believes the other side isn't complying with discovery obligations: refusing to produce documents, refusing to answer questions, etc. The motion asks the court to order compliance, often with sanctions.
Motion for protective order
The flip side of a motion to compel. Filed by a party who believes the other side's discovery requests are improper: asking the court to limit, modify, or prevent the requested discovery.
Motion in limine
Filed before trial. Asks the court to decide in advance whether specific evidence can be admitted. Used to keep prejudicial or inadmissible evidence away from the jury.
Motion for default judgment
Filed by the plaintiff when the defendant has failed to respond to the lawsuit. Asks the court to enter judgment for the plaintiff because the defendant didn't show up.
Motion to strike
Asks the court to remove specific portions of a document (usually a pleading) for being improper, irrelevant, or prejudicial.
Motion for new trial
Filed after trial by the losing side. Argues that the trial had errors big enough to require redoing it.
Motion for reconsideration
Asks the court to reconsider a recent ruling. Usually only granted if there's been a change in the law, new evidence, or clear error.
Motion to amend
Asks for permission to amend a pleading (complaint or answer): to add facts, parties, or claims. Liberally granted early in a case, harder later.
Motion to consolidate
Asks the court to combine related cases for joint handling. Common when multiple plaintiffs sue the same defendant for similar claims.
Motion for preliminary injunction
Asks the court to order temporary relief while the case is pending: for example, to stop an alleged ongoing harm before trial.
Sealed and ex parte motions
Most motions are filed publicly and served on all parties. Some motions can be filed differently:
- Sealed motions: filed with the court but not visible publicly. Used for sensitive matters (trade secrets, certain personal information, ongoing investigations).
- Ex parte motions: filed with only one side present. Used for genuine emergencies where notifying the other side would defeat the purpose (TROs, search warrants, asset freezes). Limited and disfavored.
How judges decide motions
For each motion, there's a "standard" the judge has to apply: the legal test that determines who wins.
For example:
- Motion to dismiss for failure to state a claim: judge takes the complaint's facts as true; asks whether they plausibly support the legal claims.
- Motion for summary judgment: judge takes the facts in the light most favorable to the non-moving party; asks whether a reasonable jury could find for them.
- Motion to compel: judge asks whether the discovery is relevant, proportional, and not privileged.
Each motion type has its own standard, and the standard usually determines the outcome. Sophisticated motion practice is partly about framing the standard in the moving party's favor.
Pro se considerations
If you're filing a motion without a lawyer:
- Read the rules. Federal Rules of Civil Procedure (or your state equivalent) tell you what motions exist and what they require. Local rules add detail. Reading them is the highest-leverage thing you can do.
- Use the court's forms when available. Some courts have form motions for common requests.
- Cite legal authority. Even brief motion practice requires pointing to statutes or cases that support what you're asking for. "I want this" without legal authority gets denied.
- Attach evidence. If your motion turns on facts, attach declarations or documents proving them. Bare assertions in a brief aren't evidence.
- Be specific in the proposed order. Tell the court exactly what you want them to do, in language they can sign.
Why motions matter so much
In most civil cases, the case is decided by motion, not by trial. The plaintiff defeats a motion to dismiss, then wins or loses summary judgment. If summary judgment is granted, that's the end. If denied, most cases settle before trial.
Understanding motions: what they are, when they're filed, how they're decided: is essential to navigating civil litigation. Even pro se litigants in simple cases will deal with at least one motion, often more.
This lesson is research and educational information, not legal advice. Each motion type has its own technical requirements. Consult an attorney for help with specific motion practice in your case.