What Is a Motion and How Is It Used Procedurally?

What This Notice or Action Is

A motion is a formal written request asking the court to make a specific ruling or order. Motions are the primary way parties communicate with the judge and request action during litigation. They must follow specific procedural rules regarding format, timing, service, and supporting documentation.

What Law or Rules Typically Govern It

Federal Rules (if in federal court)

FRCP Rule 7: Defines motions and required format
FRCP Rule 6: Time requirements for filing and service
FRCP Rule 12: Pre-answer motions (motion to dismiss, etc.)
FRCP Rule 56: Summary judgment motions

Common Types of Motions

Motion to Dismiss: Asks court to dismiss case (lack of jurisdiction, failure to state claim, etc.)
Motion for Summary Judgment: Asks court to decide case without trial (no genuine dispute of material facts)
Motion to Compel: Asks court to order other party to provide discovery
Motion for Continuance: Asks to postpone hearing or trial
Motion in Limine: Asks to exclude evidence before trial
Motion to Quash: Asks to void service of process or subpoena

Required Components

Notice of Motion: States what you're asking for and when hearing is scheduled
Motion: Formal request with legal grounds
Memorandum/Brief: Legal argument supporting the motion
Declaration/Affidavit: Sworn statement of facts
Exhibits: Supporting documents
Proposed Order: Draft order for judge to sign (required in some courts)

What Pro Se Litigants Commonly Misunderstand

❌ "I can just ask the judge in a letter"

Reality: Motions must follow specific format and procedural rules. Informal letters to judges are improper.

❌ "I can file a motion anytime"

Reality: Many motions have strict timing requirements. Some must be filed before answering; others have specific deadlines.

❌ "I don't need to serve the other party"

Reality: You must serve all motions on the other party and file proof of service. Ex parte motions (without notice) are rare exceptions.

How to Research This Issue

Step 1: Determine the Right Motion

What relief do you need?
What is the legal basis?
Is there a specific motion type for this?

Step 2: Research Timing Requirements

Check rules for filing deadlines
Determine notice requirements (how many days before hearing)
Check if motion must be filed before answer

Step 3: Find Format Requirements

Check local court rules for format
Look for form motions on court website
Review sample motions from law library

Step 4: Prepare and File

Draft motion with all required components
Serve other party (usually 14-21 days before hearing)
File motion and proof of service with court
Reserve hearing date if required

Practical Considerations

⚠️ Timing Is Critical

Missing motion deadlines can waive your rights. Some defenses must be raised in first motion or they're lost forever.

Notice Requirements

Federal court: Usually 14 days notice
State court: Varies (often 16-21 days)
Check local rules for specific requirements
Some motions can be heard on shortened notice with court permission

Opposition and Reply

Other party can file opposition (usually 7-14 days before hearing)
You can file reply brief (usually 3-7 days before hearing)
Court may decide motion on papers without oral argument
Some courts require request for oral argument

When to Consider Consulting an Attorney

⚖️

Dispositive motions

Motion to dismiss or summary judgment that could end your case

⚖️

Complex legal issues

If motion involves complicated legal arguments or case law

⚖️

High stakes

If losing the motion would be devastating to your case

Red Flags and Urgent Situations

🚨 Motion to Dismiss Filed Against You

Could end your case—respond carefully and timely

🚨 Summary Judgment Motion

Could decide entire case without trial

🚨 Short Deadline to Respond

Some motions have very short response times

Next Steps

✅ Before Filing a Motion

Research the specific type of motion needed
Check timing and notice requirements
Find format requirements and samples
Gather supporting evidence and documents
Draft motion with all required components

📋 Filing and Service

Serve other party with required notice
File motion and proof of service with court
Reserve hearing date if required
Prepare for opposition and possible reply
Attend hearing or submit on papers

🎯 If Responding to Motion

Note opposition deadline (usually 7-14 days before hearing)
Research legal arguments against the motion
Gather evidence to oppose motion
File written opposition with supporting evidence
Attend hearing prepared to argue