When you make a motion in court, you say some version of this: “Your Honor, [party] moves the Court for [the specific order you want], on the grounds that [your reason].” That single sentence carries the three things Federal Rule 7(b) requires every motion to contain — who is asking, what they want, and why.1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers Everything else is delivery.
The Four Steps of an Oral Motion
An oral motion is more ritualized than ordinary speech, and the ritual exists so the judge can process the request quickly. Four steps, in order.
1. Address the Court
Start with “Your Honor” or “May it please the Court.” Refer to the judge as “Your Honor” throughout, or refer to the bench as “the Court.” Do not use “Judge” by itself, and do not use the judge’s name as a form of address. On an appellate panel, use “Chief Justice” and “Justice” as appropriate.2Administrative Office of the Courts. Common Courtroom Phrases
Stand when you speak unless the judge tells you to stay seated.
2. State the Motion
Use the word “move” or “motion” and name the relief you want. Short and direct. The pattern is: identify your side, say you are moving, say what for.
- “Your Honor, at this time the defense moves to dismiss the complaint for failure to state a claim upon which relief can be granted.”
- “Your Honor, I move to strike the witness’s last answer as nonresponsive.”
- “Your Honor, I move for a directed verdict on the grounds that the plaintiff has not presented sufficient evidence to support the claim.”
- “Your Honor, the defense respectfully moves for a continuance of the trial date. Good cause exists because [specific reason].”
Each example names the side, uses “move,” and ends with the specific relief and the ground.2Administrative Office of the Courts. Common Courtroom Phrases
3. Give Your Grounds
After the one-sentence motion, give the judge your strongest facts and the rule or law that authorizes the relief. Keep it to a minute or two for most motions. Name the facts, name the rule, show how they connect. If the judge has already read your written papers, you can be shorter still — “The grounds are set out in our brief; I’ll briefly highlight two points” is a legitimate approach.
If the judge interrupts, stop talking. Listen to the question, answer it directly, and only then return to your argument. Judges manage heavy dockets and asking a question is how they tell you what they actually want to hear about.
4. Close With the Ask
End by restating the specific order you want the judge to enter: “For these reasons, Your Honor, we respectfully ask the Court to grant our motion to dismiss.” If you want a ruling on the spot, you can add, “Your Honor, may we have a ruling?” Then sit down. Do not keep talking after you have made your ask.
Language for the Most Common Motions
Different motions call for slightly different phrasing because each has its own legal standard built into the ask.
Motion to Dismiss
“Your Honor, the defense moves to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.” Rule 12(b) also lists lack of jurisdiction, improper venue, and insufficient service as grounds, so substitute the one that fits your case.3Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented For a 12(b)(6) motion, your grounds should explain why the facts in the complaint, even if taken as true, do not add up to a viable legal claim.
Motion for Summary Judgment
“Your Honor, we move for summary judgment on the grounds that there is no genuine dispute of material fact and we are entitled to judgment as a matter of law.”4Legal Information Institute. Federal Rules of Civil Procedure Rule 56 – Summary Judgment Those exact words — “no genuine dispute of material fact” and “entitled to judgment as a matter of law” — are the standard, and judges expect to hear them.
Motion to Compel
“Your Honor, we move to compel the defendant to produce the documents requested in our second request for production.” Expect the judge to ask whether you tried to resolve the dispute with opposing counsel first. Most courts require that meet-and-confer step before you file, and showing up without it is a quick way to get the motion denied.
Motion for Continuance
“Your Honor, we respectfully move for a continuance of the [hearing/trial] currently set for [date]. Good cause exists because [specific reason].” The closer you are to the scheduled date, the stronger the reason needs to be. Filing the motion does not pause anything — plan to appear as scheduled until the judge actually signs an order granting the continuance.
Emergency or Ex Parte Motion
An emergency motion asks for an expedited ruling because waiting would cause irreparable harm. An ex parte motion asks the court to act without the other side present. For ex parte requests, the judge will expect you to explain the emergency and to confirm that you made a good-faith effort to notify opposing counsel, even when there was no time for a full response.
Etiquette While You Are Speaking
A few conventions apply no matter what motion you are making. Stand to address the court. If you need a private sidebar discussion with the judge, ask first: “Your Honor, may we approach?” Never walk toward the bench uninvited.2Administrative Office of the Courts. Common Courtroom Phrases
When opposing counsel is speaking, let them finish. If you need to object to something they say during their argument, wait for a natural break or raise it when it is your turn, unless the issue genuinely cannot wait.
Do not argue with the judge’s ruling. If the motion is denied, say “Thank you, Your Honor,” and move on. You preserve your record by having made the motion; relitigating it in the moment only damages your standing.
When the Motion Has to Be in Writing Instead
Federal Rule 7(b) permits oral motions only when they are made during a hearing or trial. Anything outside that — a motion to dismiss filed before the first court appearance, a summary judgment motion, a discovery dispute between hearings — has to be in writing, with a caption, grounds, and a statement of the relief sought, served on every other party.1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers If you are not currently standing in a courtroom with the case called, the motion is a filing, not a speech.
Even for written motions, the court may schedule oral argument, and when it does, you deliver the same four-step presentation: address, state, support, close. The judge may also decide the motion on the briefs alone without any hearing, as Rule 78 allows.5Legal Information Institute. Federal Rules of Civil Procedure Rule 78 – Hearing Motions; Submission on Briefs Do not assume you will get a chance to argue in person.
If You Are Representing Yourself
The rules apply to self-represented litigants the same as to attorneys, but courts generally extend some practical patience on formal polish if the substance is clear.6United States District Court for the District of Delaware. Representing Yourself in Federal District Court Use your own words. Trying to imitate legal phrasing you do not fully understand usually goes worse than plain English. State what happened, state what you want the court to do, and state why you are entitled to it.
When you stand up to speak, resist the pull to tell the whole story. Judges hear hundreds of cases. Say what you want, give two or three strongest reasons, and stop. Repeating yourself or drifting into unrelated grievances drains the goodwill that judges typically extend to people navigating the system without a lawyer.
One rehearsal habit helps more than any script: say your motion out loud before the hearing, timing yourself. If you cannot get through the ask and your top reasons in two minutes, cut until you can. That is the version the judge will actually hear.