How Do You Make Motions in Court?


Quick Answer

To make a motion in court, one must submit a written document that states who the motion is against, who filed it, and make a direct request or challenge, states the Virtual Self-Help Law Center. Motions can be submitted at anytime but only by those named in court papers.

Continue Reading
Related Videos

Full Answer

Motions are used because courts cannot execute legal action without the request of one of the parties involved in litigation. Filing a motion can be different from state to state. Motions can grant rulings early, change trial dates and remove evidence from a case, among other directives. While the purpose of a motion may differ, the general format does not change, states FindLaw. Examples of motions can be found on the Internet and used as a template of what to file with the court.

Once a motion is filed with the court, it is determined if the motion needs to have a hearing or not, states FindLaw. Motions that do not require a hearing are judged solely on the merit of the written submission provided to the court. If a hearing motion takes place, each lawyer has a chance to argue the motion. If the motion requires clarification, a memorandum in addition or in lieu of the hearing may need to be filed.

Learn more about Law

Related Questions