To write a motion, you need a captioned document that tells the court exactly what you want it to do and why, signed and backed by a specific rule or statute. Federal Rule of Civil Procedure 7(b) sets the whole framework in one line: every motion must be in writing, state the grounds for the request with particularity, and identify the relief sought.1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers Everything below fills in that skeleton so you can draft, file, and serve without backtracking.
Pick the Right Type of Motion
The label on your motion signals the legal standard that applies, so settle it before you start writing. Some of the ones that come up most in civil cases:
- Motion to dismiss: Asks the court to throw out a claim for a fundamental defect, such as lack of jurisdiction or failure to state a viable legal claim.
- Motion for summary judgment: Asks the judge to rule on the case, or part of it, without a trial because the key facts are not in dispute.
- Motion to compel: Requests an order forcing the other side to produce discovery they have been withholding.
- Motion in limine: Asks the court to exclude specific evidence before trial so the jury never sees it.
- Motion for extension of time: Requests more time to meet a filing deadline.
If you’re not sure which fits, work backward from the specific rule that addresses the problem you’re trying to solve. Drafting arguments under the wrong standard wastes the whole document.
Talk to the Other Side First If the Rules Require It
Many courts require you to confer with the opposing party before filing certain motions. For discovery disputes in federal court this is mandatory: you must certify a good-faith attempt to resolve the issue before filing a motion to compel. Skip the step and the court cannot award you the attorney’s fees and expenses you would otherwise collect if you win.
Local rules in many federal districts extend meet-and-confer to other motion types too, sometimes requiring a statement in the motion itself noting whether the other side opposes the relief. Check the local rules before you file. A motion missing the required conferral statement can be denied outright or draw sanctions.
Write the Caption
Every motion starts with a caption at the top of the first page. Federal Rule 10 requires the caption to show the court’s name, a title listing the parties, and the case file number, and Rule 7(b)(2) applies that same requirement to motions.2Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers
Below the caption, add a title that tells the reader exactly what the motion is. Something like “Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction” or “Plaintiff’s Motion to Compel Production of Documents.” A one-word title like “Motion” slows the clerk down and makes a bad first impression on the judge.
Draft the Body
The body explains why the court should grant your request. Rule 7 requires grounds stated “with particularity,” which just means specific rather than vague.1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers “The complaint is deficient” gets you nowhere. “The complaint should be dismissed because this court lacks personal jurisdiction over the defendant, who has no contacts with this forum” gives the judge something to work with.
Structure the body in two parts. First, the relevant facts: what happened, when, and what is already on the record. Second, the legal basis: cite the rule or statute, then connect it to your facts. Short, direct sentences. Judges read dozens of motions a week, and the ones that get to the point do better than the ones that bury the argument.
End With the Relief Requested
Close with a short section stating exactly what you want the court to do, sometimes called the “prayer for relief.” Be specific: “Defendant respectfully requests this Court dismiss Plaintiff’s complaint with prejudice,” or “Plaintiff requests an order compelling Defendant to produce all documents responsive to Request No. 3 within fourteen days.” If the judge grants the motion, that language has to be precise enough to turn into an order.
When You Also Need a Separate Memorandum
Many courts, particularly federal district courts, require a separate memorandum of law filed alongside the motion. It may be called a “brief in support” or a “memorandum of points and authorities.” The motion itself stays short and asks for the relief; the memorandum carries the detailed argument, case citations, and analysis. Local rules decide whether it’s required and whether page or word limits apply. Federal appellate motions, for example, cannot exceed 5,200 words.3Legal Information Institute. Federal Rules of Appellate Procedure Rule 27 – Motions Trial court limits vary by jurisdiction.
Sign It, and Understand What That Signature Means
Every motion must be signed. Rule 11 requires the signature of at least one attorney of record, or of the party personally if they are self-represented, with the signer’s name, address, email, and phone number in the block.4Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers
Signing is a certification. You are telling the court you have done a reasonable investigation, the motion is not frivolous or filed to harass or delay, and the factual claims have evidentiary support. A court that later finds you violated any of those standards can impose sanctions, including making you pay the other side’s attorney’s fees. An unsigned motion will be struck unless you fix it promptly after the omission is pointed out.
Filing electronically? Most courts accept a typed signature in “/s/ Your Name” format. Filing through your own electronic account with that format counts as your signature under the federal rules.5Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers
Format the Document and Redact Private Information
Formatting rules vary by court, but most jurisdictions follow the same conventions: 8.5-by-11 paper, a readable font such as Times New Roman in 12- or 14-point, one-inch margins, and double-spacing. Some courts require a larger top margin on the first page for the clerk’s stamp. Clerks reject filings that don’t comply, so pull your court’s local rules before you finalize. Then proofread, especially the case number, party names, and court name. A wrong case number can route the motion to the wrong file or bounce it back.
If your motion or any attachment contains sensitive personal data, you must redact it. Federal Rule 5.2 requires partial redaction of five categories in every filing: Social Security and taxpayer ID numbers (last four digits only), birth dates (year only), names of minors (initials only), and financial account numbers (last four digits only).6Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection For Filings Made with the Court The responsibility is yours, not the clerk’s. Court filings are public records, and anything unredacted can end up on the internet. Failing to redact can also draw sanctions or an order to recall and refile at your own expense. When in doubt, redact more rather than less; you can file an unredacted version under seal if the court needs the full information.
File the Motion
Once the motion is final, submit it to the court. In federal court, anyone represented by an attorney must file electronically through the court’s CM/ECF system.5Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers Self-represented parties generally cannot e-file unless the court allows it by order or local rule. Otherwise, deliver the paper copy to the clerk in person or by mail.
Some courts charge filing fees for motions, and the amounts vary widely by jurisdiction. If you cannot afford the fee, federal law lets you request a waiver by applying to proceed “in forma pauperis,” which requires an affidavit detailing your finances.7Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis State courts have their own waiver procedures. Don’t assume the court will overlook a missing fee. It won’t.
Serve Every Other Party
Filing with the court is only half the job. You must also serve a copy on every other party in the case, or on their attorney if they have one.5Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers Acceptable methods include hand delivery, mail, or electronic means the recipient has agreed to in writing. Filing through CM/ECF automatically serves registered users, which covers most represented parties.
When service happens through the e-filing system, no separate proof of service is needed. For any other method, file a certificate of service: a short document confirming the date, method, and recipients. A missing certificate is one of the most common clerical errors, and some courts treat it as a deficiency that delays processing.
Deadlines and What Happens Next
Timing matters on both sides. If you are the one filing and a hearing is scheduled, the federal rules require you to serve the motion and notice of hearing at least 14 days before the hearing date.8Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers Emergency motions can sometimes be heard sooner, but you’ll generally need a court order allowing the shorter timeline.
Once you file, the opposing party gets a set window to respond. In most federal district courts, local rules allow 14 days, though this varies. You may then have the option to file a reply addressing the opposition’s arguments. Check your court’s local rules for the exact deadlines. Missing them can forfeit your right to respond.
After briefing closes, the court either rules on the papers or schedules oral argument. Many routine motions are decided without a hearing. If the motion is denied, that is not always the end: depending on the circumstances you may be able to file a motion for reconsideration, or refile with additional support if the denial was without prejudice. A denial with prejudice means the issue is settled and cannot be raised again.