How Do You File Legal Motions in Court?


Quick Answer

Courts have different requirements for motions based on the local court rules and the type of motion to file. Because motions are very important in litigation, it is best to confer with the local courts or an attorney, recommends FindLaw.

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Full Answer

There are many different types of motions a party to a lawsuit can file, and the requirements for each type of motion are usually different from one another, explains FindLaw. One party of a case may wish to drop the case, which requires a motion to dismiss. A motion for summary judgment filed with the court requests a final ruling to be determined before the case even reaches trial. Because these two types of motions are so different, the filing requirements are also different.

There are motions that require a formal hearing in court, while there are motions that do not require a court appearance, notes FindLaw. When a motion requires a hearing, the parties appear and present their evidence before a judge. The judge hears both sides and either denies or grants the motion. When a motion does not require a hearing, the judge simply reads the motion and makes his decision based on the evidence and supporting paperwork.

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