Each court has its own rules when it comes to writing motions, but all motions must include the name of the court, the parties in the lawsuit and any docket or file number, according to Lawyers.com. Parties can file motions during the course of a lawsuit or after a trial.
A motion is a written request asking the court to make an order or a ruling on a legal issue in the case. Motions for summary judgment and motions to dismiss are the two most common motions made pre-trial, says Lawyers.com. When a defendant files a motion to dismiss, he asks the court to dismiss the lawsuit because the plaintiff in the case does not have any legal justification for relief.
Both the plaintiff and the defendant can file a motion for summary judgment, which is a motion asking the court to make a determination on the merits of the case before trial on the reason there are no disputed facts, notes Lawyers.com.
Motions are a very important part of a legal case. However, it is important for parties to understand the types of motions that are available, because the court does not guide the parties on filing motions, explains FindLaw.