Motion

Definition

Application to a judge or arbitrator for an order or ruling.

Purpose

Motions are used in legal proceedings to request a specific action or decision from a judge or arbitrator. They can address a wide range of issues, from procedural matters to substantive legal questions, and are a fundamental part of litigation and arbitration processes.

Examples of Use

• Pre-trial motions: Requesting the court to dismiss a case, suppress evidence, or grant summary judgment.
• Trial motions: Asking the judge to rule on the admissibility of evidence or the conduct of the trial.
• Post-trial motions: Seeking to alter or overturn a verdict, such as motions for a new trial or to amend the judgment.

Related Terms

• Petition: A formal written request to a court seeking a specific legal remedy.
• Hearing: A proceeding before a judge or arbitrator where arguments and evidence are presented.
• Order: A written direction or command delivered by a court or judge.

Notes

• Motions must be supported by legal arguments and, often, by evidence or affidavits.
• They can significantly influence the course and outcome of legal proceedings.
• Properly drafting and filing motions require knowledge of legal procedures and rules.