JustLegal education · Confirm local requirements
Understand the document
A motion is a formal written request asking the court to make a ruling or take a specific action on an issue in your case. Unlike a complaint (which starts a case), a motion is filed DURING an existing case.
Motions are how you ask the judge to do things: dismiss a case, compel the other side to produce evidence, extend a deadline, exclude evidence, or rule in your favor without a trial (summary judgment).
Most motions include a "memorandum of law" (legal argument explaining WHY the court should grant your request) and sometimes supporting declarations or evidence.
The opposing party gets a chance to respond to your motion (called an "opposition"), and you may be able to file a "reply" to their response. The judge then decides.
When this document may be useful
- You want the court to dismiss the case against you (Motion to Dismiss)
- The other side won't hand over documents or evidence (Motion to Compel)
- You need more time to respond to something (Motion for Extension of Time)
- You believe the facts are clear and want to win without trial (Motion for Summary Judgment)
- Evidence was obtained improperly and should be excluded (Motion in Limine / Motion to Suppress)
What to work through
1. Eligibility Check
Confirm you have an active case and are filing in the right court
2. Motion Type
Select the type of motion from our legal taxonomy (60+ types)
3. Case Information
Enter court details, case number, parties, and judge
4. Legal Arguments
Build your argument with facts, legal standards, and citations
5. Drafting
The builder generates your motion — review and edit every section
6. Review & File
Final checklist with filing reminders, download PDF or Word
Before using this document
- A motion is NOT a complaint — you cannot start a lawsuit by filing a motion
- It is NOT an appeal — motions are filed in the SAME court as your case, appeals go to a HIGHER court
- It is NOT just a letter to the judge — motions have specific formatting, legal citation, and procedural requirements
- Filing a motion does NOT automatically mean you get what you asked for — the judge decides
More preparation notes
- Check your court's local rules — many courts have specific page limits, font sizes, and formatting requirements for motions.
- Always cite to the record (transcript page numbers, exhibit numbers) when referring to facts.
- The strongest motions address the opponent's best arguments BEFORE they make them.
Procedures and deadlines depend on the court, rules and circumstances. Confirm requirements with the relevant official source.
Put this into practice.
Use what is helpful now. You can return to this guide whenever you need it.
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