Case Progression
Understanding Motions
Asking the court to decide a specific issue before or during trial.
Local rules vary: Motion practice, briefing schedules, and required formats are governed by your court's local rules. Check them before filing.
What a motion is
A motion is a formal request asking the court to make a ruling or take an action. You file a written motion explaining what you want and why; the other side gets a chance to respond; then the court decides.
Common motions
- Motion to dismiss — asks the court to throw out the case early, often because the complaint is legally insufficient.
- Motion for summary judgment — asks the court to decide the case without a trial because there's no genuine dispute of material fact.
- Motion in limine — asks the court to exclude certain evidence before trial.
- Motion to compel — asks the court to force the other side to provide discovery.
- Motion for continuance — asks to postpone a hearing or deadline.
How a motion works
- You file the motion with your legal and factual reasons.
- The other side files a written opposition.
- You may file a short reply.
- The court may hold a hearing or decide on the papers.
- The court issues an order.
Follow the format
Courts often require a caption, a numbered statement of facts, legal argument, and a proposed order. Local rules control spacing, page limits, and filing method.
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