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Motion, Motions

Request to a court for a desired ruling or order. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a case, but only after the initial complaint has been filed.

There are also motions in Parliamentary Procedure. See Incidental Main Motions and Subsidiary Motions

Types of Legal Motions:


A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.


Laws may contain a syllabus, which consists of the editor’s comments. Never quote a syllabus when writing a brief or motion because it has no factual foundation in law. You go to the supreme court to quote the judge who said it. Make sure you’re on the majority opinion when you quote it. If you are quoting dicta, that is statements from the minority opinion you’re mistaken and if you quote dicta from the majority opinion you must label it as dicta.


You can ask the judge to take some kind of action while your case is ongoing by filing or “making” a motion. A motion is a request that the judge grant some kind of relief related to your court case. There are a few different ways that you can make a motion.

How do I get the judge to grant my motion?

A judge will make his/her decision on a motion based on the law that applies, the facts of the situation, and the arguments made by the parties for, and against, the motion. The more complicated the situation, the more likely it is that you should put your request in writing so that the judge has a clearer picture of what is going on when making a decision. If you know the statutes or the prior cases that apply to your motion, you can include that information in a “memorandum of law.” A memorandum of law would typically be drafted by a lawyer and explains the legal reason why a motion should or shouldn’t be granted. It may not be necessarily to include a memorandum of law with your motion for a judge to grant it. You can also use an affidavit or several affidavits in support of your motion to show the judge the seriousness of the matter and to support your request for the relief. An affidavit is a sworn statement generally containing first-hand information. You can submit an affidavit for yourself and any other witnesses whose input might be relevant to the situation. Keep in mind that you are under oath when you sign an affidavit and you can only include information that you have personally seen or you know for yourself, not that you have heard from someone else. You might also be able to attach copies of photographs or other documents that you have in your possession to help persuade the judge to grant your motion. These attachments will usually be included as exhibits to an affidavit and the affidavit should include information about where the attachment comes from and why it is important.

Eleven Types of Legal Motions in U.S. Law

Attachments