What Is Motion?

Motions are procedural tools attorneys use to ask the court to decide specific issues. Common examples include a motion to dismiss, motion for summary judgment, motion to compel discovery, motion to quash a subpoena, and motion for a temporary restraining order. A motion usually includes written arguments, supporting evidence, and citations to legal authority; the opposing party may file a response, and the moving party may reply. Some motions are decided on the papers, while others require oral argument before a judge.

Motions can shape or end a case before trial. The right motion can narrow claims, force production of critical evidence, protect privileged information, or dismiss a weak lawsuit. The wrong motion can waste money and reveal strategy. A litigation attorney can evaluate whether a motion is likely to advance the case or whether negotiation, discovery, or settlement is the better next step.