Motion

Motion in the United States

Contents:

An application that requests an action by a court in favor of the applicant. A motion can be sought at virtually any stage of either a criminal or civil proceeding. Certain motions are more likely at particular points in the process, however. A motion may focus on any matter within the authority of the court, but it most commonly addresses some point of law. Motions may be made in writing or orally. In the event of a written motion, the opposing party is usually notified that a motion has been filed, although some motions may be made ex parte.

See Also

Direct Verdict (Civil Process) Dissmiss (Civil Process) Pretrial Motion (Civil Process).

Analysis and Relevance

There are many different kinds of motions. Motions are often the medium through which issues are clarified or actions are hastened to conclusion. A civil litigant may ask a court, for example, to examine the legal adequacy of the opponent’s complaint with a motion to dismiss. If such a motion is granted, the case is resolved without going through any adjudicatory steps. A directed verdict is also sought by motion. In a similar manner, a criminal defendant may wish to challenge some evidence as the product of an unreasonable search. The court would rule on this challenge in response to a pretrial motion to suppress the evidence. A motion may also be used to ask a court to reconsider the outcome of a case. A motion to set aside a judgment is used for this purpose.

Notes and References

  1. Definition of Motion from the American Law Dictionary, 1991, California

Motion Definition

In practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court which he thinks becomes necessary in the progress of the cause, or to get relieved in a summary manner from some matter which would work injustice. Properly, an oral application for a rule or order (41 Cal. 650), but the term is now generally applied to applications, whether written or oral.

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Legal Issue for Attorneys

In practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court which he thinks becomes necessary in the progress of the cause, or to get relieved in a summary manner from some matter which would work injustice. Properly, an oral application for a rule or order (41 Cal. 650), but the term is now generally applied to applications, whether written or oral.

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Notice

This definition of Motion Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

The application for an order addressed to the court (in U.S. law) or to a judge in his or her chambers by the lawyer for a party to a lawsuit. For example, when an attorney wants the court to take a particular action in a pending case, he or she “moves” the court to take that action. Unless a motion is made during a hearing or trial, it is in writing. Motions are numerous and varied. Some of the motions more frequently addressed to the court include: (1) Motion for Change of Venue (2) Motion to Strike (3) Motion for New Trial (4) Motion for Leave to Amend (5) Motion to set for Trial.

Some jurisdictions have special terms of court at which all motions are heard. In crowded jurisdictions, the contested motions are heard in one part and ex parte motions of which opposing counsel has no notice are heard in another part. The secretary must acquaint herself with the part in which they are heard, if there is a distinction in any of the courts in her locality. See also notice (in U.S. law) of Motion.

(Revised by Ann De Vries)

What is Motion?

For a meaning of it, read Motion in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Motion.

Motion Definition in the Legislative Process

The following is a definition of Motion, by the National Conference of State Legislatures (NCSL): Formal proposal offered by a member of a deliberative assembly.

Motion in Limine Practice

This section examines the Motion in Limine Practice subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Meaning of Motion

In plain or simple terms, Motion means: A formal request presented to a court.

The Musculoskeletal System Normal Range of Motion Values (in Disability Claims)

Some information about The Musculoskeletal System Normal Range of Motion Values in this context.

Resources

See Also

  • Legislative Power
  • Legislative History
  • Legislative Ethics
  • Legislative Session
  • Legislature
  • Legal Aid
  • Legislative Commissions
  • Legislative Branch
  • Legislation
  • Executive Branch
  • Legislative Function

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Motion Definition in the context of the Federal Court System

A request by a litigant to a judge for a decision on an issue relating to the case.

Motion: Open and Free Legal Research of US Law

Federal Primary Materials

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Federal primary materials about Motion by content types:

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Legislative history traces the legislative process of a particular bill (about Motion and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Motion or other topics), or locating the current status of a bill and monitoring its progress.

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State regulations are rules and procedures promulgated by state agencies (which may apply to Motion and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Motion. Finding these decisions can be challenging. In many cases, researchers about Motion should check state agency web sites for their regulations, decisions, forms, and other information of interest.

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State opinions of the Attorney General (official written advisory opinions on issues of state law related to Motion when formerly requested by a designated government officer):

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