{"id":4014,"date":"2017-08-07T20:50:33","date_gmt":"2017-08-07T20:50:33","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4014"},"modified":"2023-04-16T22:37:48","modified_gmt":"2023-04-16T22:37:48","slug":"all-types-of-motions","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4014","title":{"rendered":"Every Type of Motion – request a specific ruling or order:"},"content":{"rendered":"

motion<\/span>:<\/span>
\n<\/strong><\/span>(18c.)<\/span><\/p>\n

l. A written or oral application requesting a court to make a specified\u00a0<\/strong><\/span>ruling or<\/span> order<\/a>.\u00a0<\/span><\/strong>\u2014\u00a0<\/strong>aka\u00a0application<\/strong><\/span>.\u00a0<\/b><\/span><\/em>[1]<\/span><\/span><\/p>\n

1. An application, normally incidental to an<\/span> action<\/a>, made to a court or judge for the purpose of obtaining a<\/span>n order<\/a> or rule directing something to be done in favor of the applicant.<\/span>\u00a0 37 Am J1st Motions \u00a7 3<\/span>.<\/span><\/strong><\/span><\/p>\n

2. The means of presenting a proposition in a\u00a0 meeting conducted according to parliamentary procedure.\u00a0 <\/strong>[2]<\/span><\/p>\n

1. An application made to a court for the purpose of obtaining an<\/span> order<\/a> or rule directing something to be done in favor of the applicant. (EXAMPLE: a<\/span> defendant<\/a>‘s motion to dismiss<\/a> is a formal request to the court that the plaintiff’s lawsuit be terminated without further consideration.)\u00a0 The types of motions available to litigants, as well as their form and the matters they appropriately address, are set forth in detail in the<\/span> Federal Rules of Civil Procedure<\/a> and the rules of civil procedure of the various states, as well as in the<\/span> Federal Rules of Criminal Procedure<\/a> and the various states’ rules of criminal procedure.\u00a0 Motions may be written or oral, depending on the type of relief sought and on the court in which they are made.<\/span><\/span><\/strong><\/p>\n

2. Under parliamentary rules, the method of presenting a resolution or other measure for debate and decision by the assembled group.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from John C. Townes’\u00a0<\/strong><\/span>Studies in American Elementary Law<\/em><\/a>:<\/strong><\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cFrequently, in the progress of litigation, it is desired to<\/span><\/strong><\/span>
\nhave the court take some action which is incidental to the main\u00a0<\/span>proceeding, as appointing an auditor, or entering a survey of\u00a0<\/span>land, etc. \u00a0Such action is invoked by an application<\/span> usually less\u00a0<\/span>formal than the pleadings<\/a>, and called a motion<\/em>. \u00a0These are\u00a0<\/span>either oral or in writing. Sometimes great particularity is\u00a0required, and the truth of the matters presented must be\u00a0<\/span><\/span>supported by affidavit<\/a><\/span> (Fed. R. Crim. P. 47<\/a>)<\/span><\/span>. Each kind of motion is dealt with as\u00a0<\/span><\/span>justice and expediency seem to require.<\/span>\u201d <\/span><\/span><\/strong>[4]<\/span><\/p>\n

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Contents of Page:<\/strong><\/span><\/p>\n

i. Related Terms.<\/span><\/strong><\/span>
\nii. General Descriptive Terms for Various Types of Motions.
\n<\/span>ii<\/span><\/strong><\/span>i.<\/span> Versatile Motions<\/a> – circumstantially applicable pretrial, midtrial, or posttrial.<\/span><\/strong><\/span>
\niv.<\/span> Pretrial Motions<\/a> – <\/span><\/span>made before the trial<\/span>
\nv.<\/span> Midtrial Motions<\/a> – made during<\/em> the proceedings and before<\/em> the final judgment<\/span><\/span>.
\nvi. <\/span>Posttrial Motions<\/a> – made after a final judgment is entered<\/span><\/span>.
\nvii.<\/span> Motions pertaining to<\/a> <\/span>Bankruptcy, Patents, & Trademarks<\/span><\/strong><\/a>.<\/strong><\/p>\n

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i. Related Terms:<\/strong><\/span><\/p>\n

affidavit<\/span><\/a> – 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.<\/span><\/span><\/strong><\/p>\n

discovery<\/a><\/span> – 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.<\/span><\/strong><\/span><\/p>\n

move<\/strong><\/a><\/span> – to make a motion to the court for a ruling,<\/span> order<\/a>, or some other judicial action.<\/span><\/strong>
\n<\/span><\/p>\n

movant<\/span><\/a> – a<\/span> party<\/a> who makes a motion; .\u00a0<\/span><\/strong>\u2014 aka<\/span> moving<\/em> party<\/em><\/span><\/strong>; mover<\/em><\/span><\/strong>.<\/span><\/p>\n

motion day<\/span><\/a> – day regularly scheduled by courts or commissions to hear all\u00a0motions, such as every Tuesday or the third Monday of the month.<\/span><\/strong><\/span><\/p>\n

notice of motion<\/span><\/a> – 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<\/span> parties<\/a> have received<\/span> due notice<\/a>.\u00a0 Fed. R. Civ. P. 5(d)<\/a>, 7(b)(1)<\/a>; Fed. R. Civ. P. Form 19.<\/span>
\n<\/span><\/strong><\/p>\n

own motion<\/span><\/a> – a disposition<\/a> made by a court or other tribunal during the course of a proceeding, without a party having requested it.<\/span><\/strong> \u2014 aka sua sponte<\/strong><\/em><\/span>; sponte sua<\/span><\/strong><\/em>; nostra sua<\/span><\/strong><\/em>.<\/span><\/p>\n

ii. Various Types of Motions,<\/span>
\nGenerally:<\/span><\/strong><\/span><\/p>\n

contradictory motion<\/a><\/span>\u00a0\u2013\u00a0a motion likely to be contested or\u00a0that the non-moving side should have an opportunity to contest.<\/span><\/strong><\/span><\/p>\n

cross-motion<\/span><\/a>\u00a0\u2013\u00a0a competing request for<\/span> relief<\/a> or orders similar, but contradictory to that\u00a0requested by another party.<\/span><\/strong><\/span><\/p>\n

dilatory motion<\/a><\/span>\u00a0\u2013 a meritless motion made solely for the purpose of delay.<\/span><\/strong><\/span><\/p>\n

enumerated motion<\/a><\/span>\u00a0\u2013\u00a0directly related to the proceeding or the merits of the case.<\/span><\/strong><\/span><\/p>\n

ex parte motion<\/span><\/a> – made to the court without<\/span> notice<\/a> to the adverse party; a<\/span> motion<\/a> that a court considers and rules on without hearing from all sides.<\/span><\/strong> \u2014 aka<\/span> ex parte application<\/strong><\/span>.<\/span><\/em><\/span><\/p>\n

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iii.<\/span> Versatile Motions<\/a><\/strong><\/span>
\n circumstantially applicable
\npretrial, midtrial, or posttrial:<\/strong><\/span><\/p>\n

motion to continue<\/span><\/a> – request a new trial date for a criminal case due to a logical reason (i.e. conflicted schedule, finding of new evidence, the case depends upon the rescheduling for some logical reason). <\/em><\/strong>\u2014 aka<\/em> motion for continuance<\/em><\/strong><\/span>.<\/em>
\n<\/em><\/strong><\/span><\/p>\n

motion to dismiss<\/span><\/a>\u00a0\u2013\u00a0due to settlement, voluntary withdrawal, or one of several procedural defects.<\/strong><\/span><\/p>\n

motion to quash<\/a><\/span>\u00a0\u2013\u00a0request the court nullify process<\/a> or an act\u00a0instituted by the other party or previous court decision\u00a0<\/strong>(i.e. nullify a warrant<\/strong> or subpoena<\/a><\/strong>).<\/strong><\/em><\/span><\/p>\n

omnibus motion<\/span><\/a>\u00a0\u2013 request multiple\u00a0forms of relief<\/a>.<\/strong><\/span><\/p>\n

motion to divide the question<\/span><\/a>\u00a0\u2013\u00a0to break a long or complex motion into shorter motions to be considered independently.<\/strong><\/span><\/p>\n

motion to remand<\/a><\/span>\u00a0\u2013\u00a0in a case that has been removed from state court to\u00a0federal court<\/a>, a party\u2019s request that the federal court return the case to state court, usually\u00a0because the federal court lacks jurisdiction or because the procedures for removal were\u00a0not properly followed.<\/strong><\/span><\/p>\n

motion to withdraw<\/span><\/a>\u00a0\u2013\u00a0attorney\u2019s request for a court\u2019s permission to\u00a0cease representing a client<\/strong><\/span><\/p>\n

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iv. <\/span>Pretrial Motions<\/span><\/a><\/strong><\/span>
\nmade before the trial:<\/strong><\/span><\/p>\n

calendar motions<\/span><\/a>\u00a0\u2013 reschedule court appearances.<\/strong><\/span><\/p>\n