Legal Terms generally pertaining to Motions:

     This page is continued from Every Type of Motion:


affidavit – a voluntary declaration of facts, presenting a great deal of evidence, written down and sworn to by a declarant, usually before an officer authorized to administer oaths; a sworn statement.

discovery – a means for providing a party, in advance of trail, with access to facts that are within the knowledge of the other side, to enable the party to better try her case.

move – to make a motion to the court for a ruling, order, or some other judicial action.

movant – a party who makes a motion; . — aka moving party; mover.

motion day – day regularly scheduled by courts or commissions to hear all motions, such as every Tuesday or the third Monday of the month.

notice of motion – written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time; most courts require all motions to include a certificate of service, indicating that all parties have received due notice.  Fed. R. Civ. P. 5(d), 7(b)(1); Fed. R. Civ. P. Form 19.

own motion – a disposition made by a court or other tribunal during the course of a proceeding, without a party having requested it. — aka sua sponte; sponte sua; nostra sua.


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