A motion is a formal way for parties in a civil lawsuit to ask the judge to take a particular action or decide on an issue related to the case. Motions are made throughout the litigation process, from soon after the case is filed to trial.
Understanding the various types of motions is crucial as they play a significant role in the litigation process. These include motions to dismiss, motions for summary judgment, motions in limine regarding evidence, motions to compel discovery, and post-trial motions. The party making the request, whether the plaintiff or defendant, must adhere to specific procedural rules when filing and serving their written motion on the other side.
The motion document outlines the specific request being made of the court, the legal grounds and reasoning for why the relief should be granted, and often includes citations to relevant laws or prior cases. It’s important to note that the non-moving party also has a crucial role in this process, ensuring fairness. They have the opportunity to file a written response brief opposing the motion. After reviewing the motion papers and any oral arguments, the judge will issue a ruling either granting or denying the motion, thereby upholding the principles of justice.
Motions are not just procedural steps, but strategic moves that parties can use to raise substantive and procedural issues before the court. They are a powerful tool to seek favorable orders that could significantly alter the trajectory and resolution of the lawsuit. The outcomes of critical motions can determine the ultimate success or failure of claims in the case, underscoring their strategic importance.