Suppose Susan is a board member at Company A. As such, she has a fiduciary duty to act in the best interests of the company and its shareholders. However, frustrated with her position, Susan begins to secretly share confidential information about Company A’s upcoming business ventures with a competitor, Company B, in exchange for large sums of money. Company A, suspecting a security breach, conducts an internal investigation and uncovers incriminating evidence on Susan’s computer. As a result, Company A files a lawsuit against Susan for a breach of fiduciary duty.
During litigation, Susan doesn’t deny that she disclosed private information to Company B, or that the disclosure caused damage to Company A. Instead, she just argues that she didn’t know she wasn’t permitted to share confidential information with a competitor, which is not a legal defense to breach of fiduciary duty. In this situation, Company A’s lawyer might file a motion for summary judgment — a common pretrial motion — requesting the court to rule in the company’s favor without proceeding to trial. The rationale is that there are no material facts in dispute. Company A possesses clear evidence, including emails in which Susan shares confidential information with Company B for her personal gain, directly violating her obligation to act in the company’s best interests. Given this fact, Susan’s actions constitute a blatant breach of her fiduciary duty as a board member of Company A.
If the court grants this pretrial motion, it would enter judgment in favor of Company A against Susan, avoiding the time and expense of a trial. However, if the court were to deny the motion, the case would proceed to trial unless the parties agree to settle outside of court.
As this example illustrates, court motions can be highly effective if applicable to your case. While motions for summary judgment are among the most common, there generally are countless motions available in all types of litigation, from civil and probate litigation to family and criminal litigation — although keep in mind that each practice area will have different rules and exceptions that apply to it.
It’s also important to note that there are notable differences between state and federal motions. In this article, we’ll predominantly be discussing state motions, as federal motions come with their own set of rules.
If you’re not well-versed in legal matters, navigating the complexities of court motions could be challenging. With so many different types of motions available, it might be difficult to determine which ones apply to your specific matter. It’s important to consult with your attorney to explore how motions could streamline the trial process or even altogether eliminate the need for trial.
Court Motion: Legal Definition
A party to a legal dispute may file a court motion to request that the court make a specific ruling on a particular matter within a case.
Court motions span a wide spectrum of matters. For instance, some court motions may ask the court to exclude certain evidence from being presented at trial, whereas others may ask the court to throw out a case entirely.
Motions are a product of statutory authority, meaning that an express legal statute allowing a motion to be brought must exist. A motion cannot be brought for just any reason.
When filing a court motion, the moving party must summarize the grounds for their request, provide arguments in writing and, in some cases, evidence to support them. Next, the opposing party will have the opportunity to respond in writing with counterarguments and evidence. At this time, if the moving party would like to submit a reply, they will have the chance.
A hearing will follow this process. At the hearing, the court will usually allow both the parties to argue their positions, deciding based on the arguments presented whether to grant or deny the motion.
Remember, while many court motions are pretrial motions, meaning they’re filed before trial, court motions can be filed at any point during the litigation process, including during and after trial as well. Court motions are an important facet of litigation, as they can significantly affect the direction of a case. For this reason, if you are or expect to be engaged in litigation, it is crucial you develop a basic understanding of what motions are, their purpose and the impact they can have.
You can file a court motion without an attorney, but we would not recommend a DIY approach. Court motions can be complex to navigate, but when effectively presented, they have the potential to streamline your case, leading to time and cost savings. As a result, it is always best to file a court motion with help from a skilled litigator.
9 Common Types of Motions in State Court
Court motions are an essential aspect of litigation, offering the parties to a dispute the opportunity to address important issues, often before a trial even commences.
Each type of court motion serves a distinct purpose. Whether a party wishes to narrow the scope of a trial, obtain information from the opposing party or seek a judgment before their case progresses to trial, a court motion can serve as an important tool for achieving legal objectives and simplifying the litigation process.
In the following sections, we’ll delve into some of the most common types of motions, and provide real-world examples of court motions to illustrate how these tools can be applied to bolster a party’s position and increase their odds of a successful outcome in court.
1. Motion to Compel Discovery
A motion to compel discovery asks the court to force the opposing party to comply with obligations during the discovery stage of litigation. During this stage, the parties to a legal dispute swap evidence and information that is pertinent to the case, such as answers to written interrogatories, deposition questions and relevant documents.
When the opposing party unjustifiably refuses to comply with requests for evidence and information, delays providing the requested evidence and information, or provides only a portion of the requested evidence and information, a motion to compel discovery can be filed to force the opposing party to fulfill the requests.
Motions to compel discovery are important types of motions, as they stop the parties from withholding crucial evidence or information that are needed to prepare for trial. If, for any reason, discovery is blocked, the fairness of the legal process could be compromised.
If a motion to compel discovery is granted, the party that failed to comply with the original discovery request must produce the requested evidence or information. If they continue to not comply after being ordered to do so, not only could the court penalize them, but their right to continue as a party to the lawsuit could be terminated, effectively giving their opponent a victory as their presentation of the evidence would be uncontested.
Suppose John slips and falls on the icy sidewalk in front of his neighbor’s house, seriously injuring his back. He sues his neighbor, claiming that the neighbor was negligent in maintaining the safety of his premises. John suggests to his lawyer that he try to secure the footage from his neighbor’s Ring camera, which was mounted next to the entrance of his home and likely recorded the whole incident.
If John’s case makes it to the discovery stage of litigation, but the neighbor refuses to turn over this video evidence, John’s lawyer could file a motion to compel discovery to obtain the video evidence.
2. Demurrer
A demurrer is filed by a defendant and asks the court to challenge the legal grounds underlying the opposing party’s case without addressing the facts surrounding it. Basically, when a party files a demurrer, they are arguing that the causes of action in a complaint don’t constitute valid legal claims, even if the facts surrounding them are true. In short, a demurrer is not concerned with proving the accuracy of facts; rather, it’s concerned with proving the law does not provide relief based on those facts.
A demurrer is particularly useful in cases where the initial complaint is ambiguous, vague or fails to establish the validity of a legal claim.
When the court sustains a demurrer, it typically either dismisses the case or allows the plaintiff to rework their complaint to rid it of its deficiencies. When the legal basis of a lawsuit is erroneous from the start, a demurrer can potentially help defendants avoid trial.
Suppose a hotel chain is building a resort in an area teeming with wildlife. As a result, an animal rights group brings a lawsuit against the hotel chain, asserting that the chain’s construction project is disregarding environmental regulations and killing endangered wildlife. The animal rights group is asking for the hotel chain to halt construction.
In response to the claim by the animal rights group, the hotel chain’s lawyers file a demurrer to the case on the basis of the animal rights group lacking standing. They argue that even if their project is harming the wildlife in the area, that fact is irrelevant since no members of the animal rights group have suffered any concrete harm. In other words, they’re claiming the animal rights group does not have a legal or financial interest in the case.
3. Motion for Summary Judgment
A motion for summary judgment asks the court to rule in one party’s favor without trial. The moving party argues that they should win their case or a portion of it as a matter of law, since there exist no disputes over the important facts of the case and the case can be decided solely on legal grounds.
This type of motion usually isn’t filed until after the discovery stage of litigation. Because this motion hinges on the law clearly favoring one side, the court must carefully review both sides’ evidence and information to determine if there are any important facts in dispute and if the law justifies granting or denying the motion. If the court grants a motion for summary judgment, the case will be resolved without further legal proceedings.
Suppose a surviving spouse is in a legal dispute with their deceased spouse’s estate over ownership of real estate. The surviving spouse is claiming they are entitled to a portion of the property because it was purchased during marriage. Or it was purchased with the deceased spouse’s separate funds and the title to the home only contains the deceased spouse’s name. If the spouse is unable to prove that community funds were used to purchase the property, it is possible that a motion for summary judgment could be filed by the estate to resolve the case in its favor, since the title presumption almost always takes precedence over community property laws at death.
4. Motion for Protective Order
A motion for a protective order asks the court to limit or restrict unreasonable discovery requests. It is common for this type of motion to be sought when a discovery request constitutes harassment or an invasion of privacy or is too broad or burdensome.
This type of motion typically isn’t filed until the discovery stage of litigation. By shielding the process from gratuitous discovery requests that could cause embarrassment or harm, a motion for a protective order can help keep discovery focused only on information that is relevant and necessary to the case.
Suppose Mary’s employer fires her because of an op-ed she recently wrote in her local newspaper about the discrimination she faced at her company. In response, Mary files a wrongful termination lawsuit against her employer for retaliating against her. During the discovery stage of litigation, Mary’s employer requests Mary’s medical records from the past 10 years. Mary does not see how her medical records from this year, let alone her records from 10 years ago, are pertinent to this case. In this situation, Mary’s lawyer could file a motion for a protective order to try to limit or restrict her former employer’s access to her medical records.
5. Motion to Strike
A motion to strike asks the court to delete specific evidence or portions of a party’s pleadings from the record on the grounds that they are false or were improperly brought. This type of motion is typically used when the opposing party believes certain allegations or statements made by the other side were irrelevant, redundant or false. Its main purpose is to ensure the court’s decision is not influenced by incorrect, improper or immaterial information and to make sure that the parties are not asking for relief that is improper.
Motions to strike can target complaints and petitions, or even certain evidence. The main qualification for a party filing this motion is that the evidence or information the party is attempting to remove from the record truly must not serve a legitimate purpose in the case. This motion can be useful for streamlining litigation, since it helps ensure only pertinent facts are considered.
Suppose a sister has brought a dispute against her brother for fiduciary misconduct, alleging that her brother mismanaged trust assets. As part of her requested relief, the sister sought an award of attorney’s fees and costs under California’s elder abuse statutes. The brother might have cause to file a motion to strike the request for attorney’s fees, given that the misconduct claim had nothing to do with elder abuse. The request, therefore, was improper.
6. Motion in Limine
A motion in limine is a pretrial motion that usually asks the court to limit or exclude certain evidence from being presented at trial so information that potentially is irrelevant or prejudicial won’t complicate the case or influence the outcome.
Because a motion in limine is filed before trial, it can help ensure that the trial that follows is not only fair but adheres only to the legal issues at hand. This motion can be utilized to resolve disputes regarding evidence that could have an impact on the direction of the trial and increase the likelihood of errors and appeals down the road.
Suppose Michael is being sued for making an illegal U-turn that resulted in a collision and seriously injured the other driver. Many years prior, Michael been suffering from substance abuse issues, but since then, has completed a rehabilitation program and entirely stopped using substances. Michael’s lawyer might file a motion in limine before trial to try to preemptively exclude any evidence relating to his prior substance abuse issues, since this evidence is no longer relevant but could nevertheless impact the outcome of the trial.
7. Motion for Continuance
A motion for continuance asks the court to postpone a hearing or trial date that’s already been scheduled. There must be a legitimate reason for the moving party requiring more time, such as not enough evidence having been amassed or a key witness being out of state. This type of motion is important because having an adequate amount of time to prepare a case and present it is crucial if a court is to arrive at a fair resolution.
When filing a motion for continuance, it’s essential that the reason for the delay is clearly explained to the court. The court will consider the reasons for the request, how the case is already progressing and the impact the delay could have on the other party before granting or denying the motion.
Suppose a party to a legal dispute gets seriously ill and is hospitalized just prior to his trial date. Under the circumstances, the party, who is also a key witness in the case, will be unable to participate in trial due to his medical condition. Filing a motion for a trial continuance may be warranted in this scenario since the party’s case likely cannot be fairly judged without this active involvement and participation.
8. Motion for Preliminary Injunction
A motion for a preliminary injunction asks the court to issue an order that precludes a party from taking certain actions until the motion for a preliminary injunction can be heard. This type of motion is usually sought alongside a request for a Temporary Restraining Order (TRO) on an ex parte basis to prevent immediate harm from occurring. It usually remains in place until the motion for a preliminary injunction is heard.
This motion type generally is filed in the early stages of the litigation process, as it addresses urgent issues requiring immediate intervention by the court. The court will consider such factors as the likelihood of irreversible harm and of the moving party’s chances of securing a successful outcome before granting or denying the motion.
Suppose an executor is accused of stealing from an estate. It may be possible to file a motion for preliminary injunction against the executor to temporarily prohibit them from withdrawing any more money from the estate. This would prevent the estate from being further harmed as the court decides whether or not the executor committed executor misconduct.
9. Trial and Post-Trial Motions
Although the list above covers mostly pretrial motions, motions that are filed during trial or after trial can have just as significant of an impact. It is important you are well-versed on all types of motions, so you will be prepared for whatever surprises come your way during litigation. We cover a few of the most common trial and post-trial motions below.
A motion for nonsuit is filed during trial by the defendant. It asks the court to dismiss the plaintiff’s case before the defendant presents their case but after the plaintiff has finished presenting theirs. In other words, a motion for nonsuit is filed after the plaintiff rests their case. This motion argues that the plaintiff did not produce sufficient evidence to support their claims, so no reasonable judge or jury could rule in the plaintiff’s favor.
A motion for a new trial is usually filed by the losing party after the conclusion of a trial. It asks the court to void the verdict and conduct a new trial. Such a motion is typically only requested if the party suspects considerable legal errors or issues during trial compromised the fairness of the trial or negatively affected its outcome. For example, a defendant in a criminal case might file a motion for a new trial if the judge failed to adequately explain to the jury the meaning of reasonable doubt.
A motion for judgment notwithstanding the verdict (also known as a judgment non obstante veredicto) is also usually filed by the losing party and is another type of post-trial motion. In it, a party asks the judge to essentially overrule the jury’s verdict. This motion hinges on the argument that no reasonable jury could have arrived at the verdict reached based on the evidence presented.
How to Write a Motion for Court
As we discussed earlier, navigating the complexities of court motions is no easy feat — and probably not one you should undertake on your own. That said, there are plenty of litigators who are experienced in filing court motions who can help you with your case and increase your chances of winning.
To prepare a court motion, you must do the following:
- Title your document with the name of the court motion you are requesting.
- Add the case name, case number and court name to the document.
- Identify who the moving party is that is filing the motion.
- Describe the purpose of your motion and explain the legal grounds for your request, including the specific statute that gives you authority to bring a motion.
- State the facts of the case and provide background information (e.g., list important dates and pertinent details).
- Establish the legal basis for your motion by citing relevant statutes, case law or rules of procedure.
- Clearly state the specific action or relief you are seeking from the court.
- Sign the motion and add your contact information to it.
- Attach any supporting documentation and evidence, such as declarations from parties or witnesses and documents as exhibits.
Need help understanding court motions? We can help.
If you are or plan to be involved in litigation, court motions are not something you can afford to ignore. While our list of motions above does a good job of summarizing civil motions, a skilled litigator will be able to provide even more insight.
Keystone Law Group is a probate litigation firm. As a result, our attorneys are well-versed in all stages of litigation and can assist you with devising a strategy that will help you to achieve your legal objectives. If you want to find out how motions could help your case, call our firm today to see whether you qualify for a free consultation with one of our attorneys.
