In court, a motion is a formal written request asking a judge to make a ruling or issue an order on a specific issue in a case. The party filing it is called the movant; the other side is the nonmovant or opposing party. Motions can be filed at almost any stage of a lawsuit, from the days just after a complaint is served through the weeks after a verdict, and they often decide whether a case moves forward, gets narrower, or ends entirely.
Both civil and criminal cases rely heavily on them. In federal court, motions are governed by the Federal Rules of Civil Procedure (or the criminal rules on that side of the docket), and state courts follow their own versions that work similarly. Understanding the mechanics matters whether you are the one filing or the one who just got served with a stack of paper telling you to respond.
The Motions You’re Most Likely to See
A handful of motions do most of the work in civil litigation. Each targets a different problem, and each has its own moment in the case.
Motion to Dismiss
A motion to dismiss is one of the earliest moves a defendant can make. It asks the judge to throw the case out before the defendant even has to answer the allegations. The most common version argues that even if everything in the complaint were true, it still wouldn’t amount to a valid legal claim. Other grounds include that the court lacks jurisdiction over the subject matter, lacks jurisdiction over the defendant personally, or that the lawsuit was filed in the wrong location.1Cornell Law School. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented If the judge grants it, the case is over, though the plaintiff can sometimes refile with a stronger complaint.
Motion for Summary Judgment
A motion for summary judgment asks the judge to decide the case without a trial. The argument is that the key facts aren’t genuinely in dispute and a reasonable jury could only reach one conclusion. The court grants it when the movant shows there is no genuine dispute about any material fact and they’re entitled to win as a matter of law.2Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment Either side can file one, and it typically comes after discovery. A lot of civil cases end right here.
Motion to Compel
During discovery, both sides have to share relevant information. When one side stonewalls or gives incomplete responses, the other can file a motion to compel. Before filing, the movant has to certify they tried in good faith to resolve the dispute without involving the judge.3Cornell Law School. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions If granted, the non-compliant party has to hand over the information and may be ordered to pay the other side’s legal fees for having to file the motion.
Motion in Limine
Filed shortly before trial, a motion in limine asks the judge to exclude specific evidence before the jury hears it. The target is testimony or exhibits that are irrelevant, unfairly prejudicial, or legally inadmissible. The judge rules outside the jury’s presence, because once a jury hears something damaging, telling them to disregard it rarely works.4Cornell Law School. Motion in Limine
Motion for Default Judgment
If a defendant is properly served and never responds, the plaintiff can ask for a default judgment. First the plaintiff asks the court clerk to enter a default, officially recording that the defendant failed to show up. Then the plaintiff requests the actual judgment. For claims involving a specific dollar amount, the clerk can enter judgment directly. For everything else, the judge steps in and may hold a hearing to determine damages.5Cornell Law School. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment
Motion for Change of Venue
A motion for change of venue asks the court to transfer the case to a different district for the convenience of parties and witnesses, or in the interest of justice.6Office of the Law Revision Counsel. 28 USC 1404 – Change of Venue It comes up often when a large company is sued far from where the events happened.
Criminal Motions
Criminal defendants have their own common filings. The most consequential is the motion to suppress evidence, grounded in the Fourth Amendment’s protection against unreasonable searches and seizures. It asks the judge to exclude evidence that police obtained illegally.7Cornell Law School. Motion to Suppress A successful suppression motion can gut the prosecution’s case and sometimes forces charges to be dropped. Defense attorneys also file motions to dismiss charges for lack of evidence or procedural defects, motions for continuance, motions in limine, and motions for change of venue when heavy media coverage threatens an impartial jury.
How a Motion Moves Through Court
The process has a predictable shape, even if deadlines and local rules vary.
Drafting and Filing
The movant prepares a written request identifying what they want the judge to do, along with a supporting brief explaining why the law and facts back it up. The brief is where the real argument lives. Most motions also include supporting evidence: sworn declarations, contracts, correspondence, or other documents relevant to the issue. You don’t have to have a lawyer to file one. Federal law gives individuals the right to represent themselves, and self-represented filers follow the same procedure, though court clerks can provide procedural guidance.
For some motions, especially discovery disputes, the movant must certify they attempted to resolve the issue with the other side before asking the judge to step in.3Cornell Law School. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Serving the Other Side
After filing with the clerk, the movant has to deliver a copy of the motion and all supporting papers to every other party. This step, called service, gives the opposing side notice and a chance to respond. In federal court, a written motion must generally be served at least 14 days before any scheduled hearing, and if service is by mail, three extra days are added to the opposing party’s response deadline.8Cornell Law School. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
Response and Reply
Once served, the opposing party has a set period to file a written opposition explaining why the motion should be denied. The exact deadline depends on the court and the type of motion, but federal courts commonly allow 14 to 21 days. After the opposition, the movant gets one final shot: a reply brief addressing the arguments raised in opposition. A reply isn’t required, but it can matter when the other side raises something unexpected.
Hearing or Decision on the Papers
Not every motion gets a hearing. Federal courts are explicitly authorized to decide motions on the written submissions alone.9Cornell Law School. Federal Rules of Civil Procedure Rule 78 – Hearing Motions; Submission on Briefs Judges reserve hearings for motions involving complex factual disputes or novel legal questions. Routine requests, like scheduling adjustments, are almost always resolved on the papers.
What the Judge Can Decide
After reviewing the briefs and any oral argument, the judge issues a ruling. There are three basic outcomes:
- Granted. The judge agrees with the movant and issues the requested order. A motion to dismiss ends the case or part of it; a motion to compel forces the other side to produce the information.
- Denied. The judge rejects the request, and the case continues as if nothing happened.
- Granted in part, denied in part. When a motion makes multiple requests, the judge can agree with some and reject others. A judge might order a party to produce certain documents but decline to award sanctions.
The ruling is formalized in a written order. That order is a binding command from the court, and violating it can lead to contempt, fines, or other penalties.
What Happens If You Ignore One
Doing nothing when a motion is filed against you is where many people get into real trouble. You don’t automatically lose. Courts generally still evaluate whether the motion has legal merit before granting it, and the advisory committee notes to the federal summary judgment rule state that summary judgment “cannot be granted by default even if there is a complete failure to respond.” The practical reality, though, is that silence lets the judge treat the other side’s factual assertions as undisputed. That makes winning much easier for them.
Beyond the immediate motion, failing to respond can lead to sanctions, and in some cases a court can dismiss your claims entirely as a consequence of not participating in the litigation. If you can’t afford a lawyer, many courts have self-help centers or pro se assistance programs. The worst response to a motion is no response.
Emergency and Ex Parte Motions
Some situations can’t wait for the normal briefing schedule. When a party faces immediate and irreparable harm, they can ask the court for emergency relief, most commonly through a temporary restraining order. What makes these unusual is that the judge can act without hearing from the other side first. That’s what ex parte means: one-sided.
To get a temporary restraining order without notifying the opposing party, the movant has to show through sworn statements that immediate and irreparable harm will occur before the other party can be heard. The movant’s attorney must also certify what efforts were made to give notice and explain why notice shouldn’t be required. If granted, the order expires within 14 days unless extended, and the court schedules a hearing as quickly as possible so the other side can respond.10Cornell Law School. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders The movant may also be required to post a security bond to cover the other party’s losses if the restraining order turns out to have been wrongly issued.
Motions After Trial
Motions don’t stop when the trial ends. Post-trial motions give parties a way to challenge the result before taking the more expensive step of appeal.
A renewed motion for judgment as a matter of law asks the judge to overturn a jury verdict on the ground that no reasonable jury could have reached it on the evidence presented. It must be filed within 28 days after the judgment is entered, and you can only raise it after trial if you preserved the same argument before the case went to the jury.11Cornell Law School. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial A motion for a new trial asks the judge to throw out the verdict and start over, on grounds such as significant trial errors, newly discovered evidence, jury misconduct, or a verdict against the clear weight of the evidence.12Cornell Law School. Federal Rules of Civil Procedure Rule 59 – New Trial; Altering or Amending a Judgment Even after a judgment becomes final, a party can seek relief under limited circumstances, including mistake, newly discovered evidence, fraud, or a void judgment.13Cornell Law School. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order
Can You Appeal a Motion Ruling Right Away
Usually, no. The general rule in both federal and state courts is that appeals happen after the entire case is finished, not after individual rulings along the way. If the judge denies your motion to dismiss, you typically have to go through the full trial and raise the issue later. Once a final judgment is entered, the losing party has 30 days to file a notice of appeal in federal court.14Cornell Law School. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right; When Taken A narrow exception, the collateral order doctrine, allows an immediate appeal of a mid-case ruling in limited circumstances, but very few rulings qualify.15Cornell Law School. Collateral Order Doctrine
Sanctions for Abusing the Process
Filing a motion isn’t consequence-free. Every time an attorney or self-represented party signs and files a motion, they’re certifying that it has a legitimate legal basis, is supported by evidence (or will be after further investigation), and isn’t being filed to harass the other side or run up their legal bills. If a motion violates these standards, the opposing party can seek sanctions, which can include payment of the other side’s attorney fees, monetary penalties, or other measures the court deems appropriate.16Cornell Law School. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions The rule includes a 21-day safe harbor that lets the filer withdraw or fix the problem before sanctions are imposed, which keeps actual sanctions relatively rare but puts a real floor under what parties can file.