What Are Motions in Court?
Court motions are requests for a ruling or order from a judge or other magistrate in a trial court. Depending upon the specific circumstances of a case, many motions may be made by either party, even when there is not an obvious need for action by the court. Such decisions are left up to lawyers and judges alike, as their expertise makes them a valuable resource, and such decisions often come down to personal inclination.
Many motions are intended to dismiss or settle issues of law before they proceed to trial. Judges often rule on these motions even before the trial begins, thus streamlining the case somewhat.
In regard to civil actions, the following two rules apply to these cases: The defendant must raise an issue of law by filing a motion before trial, if the defense denies the wrongs alleged and the time for pleading is not ended, or within the time allowed by the time limit prescribed for him to serve an answer. A claim must also be asserted by plaintiff when he has not previously served a complaint upon which to commence an action or which has been duly served upon him in a different action based upon the same wrongs.
There are several types of motions that are recognized by the courts , which are as follows:
A motion for a more definite statement is one that is made before an answer or reply to a pleading, and in the event one is ordered, the order must be made within the time for responding to the pleading in question. Such orders do not affect the time for responding to any later pleadings.
These types of motions are held with the goal of getting rid of weak claims or defenses and because they are favored by the courts, such motions are made at the appropriate opportunity in the litigation. In these motions, any materials can be relied upon by the court in determining their merit.
These types of motions are made by parties in an effort to determine the extent to which there are genuine issues of material facts and whether one party is entitled to judgment as a matter of law. Such motions, as well as responses are limited to pleadings, depositions, admissions and affidavits.
Why Legal Motion Templates Are Important
The value of these templates cannot be overstated, as they dramatically improve consistency in terms of both language and structure. Because client information will be integrated into the template(s) at the outset, it’s possible to avoid accidentally omitting specific easily forgettable elements, like the case caption or heading. Also, by design, templates will reduce the number of issues a writer needs to think about at any one time, because immediately before reaching for the keyboard, she has already dealt with the variables on the list. As you can see, this is essential when drafting a motion, where questions of appearance, service of process, the filing of a certificate of service, and wonky requirements regarding page length are all in play. In litigation, anything that aims to make the writing process easier to execute, so as to assign more of one’s creative resources to those tasks needing more finesse, is welcome indeed.
What Is Included in a Legal Motion?
The components of a legal motion vary but will generally include some, if not all, of the following:
Caption: As in other documents, a motion must include a caption. The caption identifies the judicial tribunal by including the name of the court, case number and/or district, and the names of the parties to the action. The caption should be flush left or center-aligned.
Designation of a Document: The motion must identify the type of document. If the statute requires that a specific form be used to make a motion, the movant must use that form. Even if no statute offers a specific form, there are standardized motion forms for many of the most common motions, such as motions to quash process, motions to stay proceedings, and motions to vacate an order. You can find these forms in treatises such as Civil Practice Forms or through your state’s Uniform Laws Online or Uniform Codes Online.
Introduction: The introduction provides a brief overview of the facts that support the motion and may provide any additional information that the court needs to understand the issue being addressed. The introduction is usually one paragraph but may be longer. If the motion is being made pursuant to statute, the statute must be cited, along with its section.
Statements of Facts: There must be a separate statement of facts that describes the facts supporting the motion, with citations to the evidentiary record and authority. Unless proffered in the introduction, the statement of facts contains only facts. Arguments are not made here. Further, the statement of facts should tell the compelling story that supports the relief sought by the motion.
Conclusions: The conclusions are assertions made by the movant that are based on the evidence set forth in the statement of facts. These conclusions are usually one sentence each. Thus, they may be written as follows: "Because of [fill in the facts], the court should [fill in the conclusion]."
Prayer for Relief: The prayer for relief states exactly what the movant is asking the court to do. In certain cases, the prayer may be used to add extra information that otherwise would not fit in the statement of facts. For example, if a motion argues that a party should be sanctioned for failing to appear at several hearings, the prayer for relief may ask the court to set a hearing on sanctions.
Verification: A verification is a statement made under oath. It states why the motion should be granted and is made by the movant or an authorized representative. Normally, a separate verification may be filed with the motion rather than including it in the motion itself.
Proposed Order: A proposed order is a document allowing a judge to easily sign an order to grant the motion without having to draft the entire order from scratch. If a motion states that the court should do 10 different things, the order should state those 10 different things in numbered paragraphs. The order should then have a place for the judge’s signature, preferably a line with a space underneath that states, "So ordered." Under the court’s signature line you should type the following, or something similar: "A copy of the forgoing was served on opposing counsel on [fill in the date]."
Types of Court Motions
At the heart of every civil litigation lies the exchange of information by the parties and the production of documents. But sometimes one party feels it hasn’t been given enough information, or the information provided has not been adequate. Parties seeking more information or documents from another, or wanting the other party to comply with instructions, can ask the court to order the other party to do so through the filing of a court motion.
Court motions come in all shapes and sizes. For example, a litigant may ask the court to dismiss an action against the litigant if there was something wrong with the initial filing. Or, a party may not like the way the other party has characterized the issues in the case and may ask the court to order the other party to tell the truth by filing a motion for contempt. Or, a party may ask the court to order an opposing party to stop harassing the party by filing a motion for a temporary restraining order. Whether making claims against the other party in the case or defending against the claims being made, court motions are an important part of litigation.
There are a few general areas that motions cover, including:
Motion to Dismiss: A party may file a motion to dismiss a party’s complaint if they believe the complaint against them has no merit or is defective in some way. So, for example, if the plaintiff does not set forth a valid cause of action, the defendant may file a motion to dismiss for failure to state a claim. Or, if the defendant believes the plaintiff’s complaint is so vague and ambiguous that it cannot be answered, the defendant may file a motion for a more definite statement. And finally, if the defendant believes the complaint is so duplicative, uncertain , or containing the same contentions and facts as in a prior suit, the defendant may file a motion of prior action pending.
For Summary Judgment: A party may file a summary judgment motion asking for the court to rule that the opposing party has no viable claim against the moving party or that there are no triable issues of fact preventing the case from being decided in the moving party’s favor. This type of motion is appropriate when there are no "material" factual disputes among the parties and the moving party should prevail based solely on the law. If the motion is granted, the moving party is entitled to final judgment. If denied, the case continues forward to trial.
To Compel: A motion to compel requests that the court order the other party to comply with certain discovery requests. In other words, the other party may not have produced requested documents, properly answered questions posed in written discovery, or attended a deposition. When a party feels the request or response is inadequate, or the production or testimony is incomplete, a motion to compel can force the other side to comply.
For Attorney’s Fees: A party can ask the court to order the other party to pay the party’s attorney fees in certain circumstances. Making this type of motion is generally reserved for cases involving statutory causes of action. For example, California’s code section 128.6 authorizes the award of attorney’s fees against parties and counsel who make, oppose, or seek to unnecessarily extend a motion. But rarely does attorney’s fees make up the bulk of a civil lawsuit and thus, this type of motion is usually reserved for an issue so one-sided that the judge believes the party bringing the motion should get attorney’s fees.
How to Use a Motion Template
A legal motion template provides a structure or partial script that guides you through the preparation of your motion. With a well-prepared motion you are far more likely to get the ruling you want from the Court. You can use motion templates to prepare complex motions that require many exhibits, like a motion to approve reorganization plan, after you’ve prepared a disclosure statement or chapter 11 plan of reorganization.
You can also use motion templates for simple motions. Examples of simple motions include:
· Unopposed motions to extend deadlines
· Unopposed discounted rates motions
· Motions to approve standard employment applications
· Motions to employ special counsel
· Motions to employ accountants
· Motions to employ accountants employed under section 327(a) that hold disallowable administrative claims
Best practices for using legal motion templates
- Draft detailed instructions. Draft step-by-step instructions for using the motion template in a Word document. Reference Exhibits "A", "B", etc. Note that you should provide the client with a separate instruction sheet to customize the motion.
- Use sample pleadings as a guide. For example, link or paste sample pleadings to the instruction sheet for visually oriented lawyers who do not like to read long sets of instructions.
- Create consistent naming conventions. Name the template files so that they are easy to find. Use consistent naming conventions to make it easy to locate a specific template. For example, the word "motion" for the beginning of the file name, followed by the date and countyspec (.doc). For example, Motion-to-Extend-Time-03-27-2019-LosAngelesBankruptcyCourt.doc.
- Use automation tools. Use style sheets, such as Heading 1, Heading 2, Heading 3, Heading 4, etc. If you have many headings, the headings will be hyperlinked in the table of contents (TOC) section. You can use this feature to hyperlink to sections of the pleading. You can also use the TOC to hyperlink from a case number in the caption to the Court’s docket.
Where to Find Motion Templates
Finding reputable and current motion templates can often seem like an exercise in futility. Even when the "how-to" is brilliantly laid out, too often the particular set of circumstances you face is not addressed, or is only superficially touched upon. The following resources can help you avoid many of the pitfalls that accompany poor drafting.
1. Online databases. The Internet’s internal search engines scour the World Wide Web and bring back the "most relevant" sources for your query. Searching for terms like "motion", "legal motion template", "court motion template", "civil pleadings", "civil court pleading templates" and "templates for motions" through Google, for instance, you’ll find a number of sources that may be very useful. Similar searches on other major search engines like Yahoo!® or Bing™ will yield many of the same results, plus a few others. Be sure to vet anything you find, however, in terms of whether it is from a reputable, trustworthy source!
2. Legal software. Many states have legal drafting software that provides templates suitable for motions. However, if you’re not in a position to download the state software, check out the free legal software software available from online legal networks. Several networks offer low-cost or free legal form software and online guides that can help you with many common types of motions .
Some of the best legal software is provided by your local bar association, local law school or legal societies and chapters in your community. State and regional law information networks are also in the business of providing forms for standard legal procedures like filing motions. Additionally, there is a national network that provides access to many types of well-written and current legal forms. Just like using the Internet, however, make sure you thoroughly vet any legal forms before using them as templates for your own.
3. Professional organizations. Bar associations and legal societies often have their own library of resources for legal documents. When you join the bar association in your state, or the legal society in your community, inquire about their motion templates. You may save yourself a lot of time and effort and ensure that what you write is in accordance with local procedural rules.
In addition to state and local organizations, national legal associations may have a wealth of resources you can take advantage of. Examples include the National Bar Association, the American Bar Association, the National Federation of Paralegal Associations, the American Academy of Professional Paralegals, Inc., and the American Association for Paralegal Education.