Motions Practice: Writing and Filing a Motion

How to ask the court for an order: the parts of a motion, the supporting memorandum and declarations, conferring with the other side, deadlines and hearings. This Lawtopolis course on motions practice has 5 short lessons and a quiz, and every lesson links to the official rule text.

What you will learn about motions practice

• What FRCP 7(b) requires of every motion
• How to structure a memorandum of points and authorities
• Why meet-and-confer and local rules matter
• What happens after you file

Who this course is for

• Self-represented litigants
• Paralegals and law students

Lessons in this course

1. What a motion is

A motion asks the court to make an order. Under FRCP 7(b)(1), a motion must be in writing unless made during a hearing or trial, must state with particularity the grounds for seeking the order, and must state the relief sought.

2. The parts of a motion

Templates: caption page, declaration and proof of service. Glossary: declaration, caption.

3. Rules that trip people up

By signing a motion, you certify under FRCP 11 that it is not for an improper purpose, that the legal arguments are warranted and that the factual claims have evidentiary support. A court can impose sanctions for violations.

4. After you file

After a motion is served, the other side may file an opposition, and the moving party may file a reply. Local rules or the judge set those deadlines. The court may then hold a hearing or decide on the papers.

5. Putting it into practice: a motion checklist

Now that you know the rules, this lesson turns them into steps you can follow. First, work through the checklist in order. Then, before you file or serve anything, compare your work with the common mistakes below and with your court’s own rules.

Next steps after this motions practice course

When you finish, take the quiz to check your understanding. After that, keep going with the related pages in the Motions & Procedures library, the Legal Glossary and the Research Center. For the official text, read the current federal rules on uscourts.gov, and also check your own court’s local rules.

Lawtopolis provides legal information and education, not legal advice. Rules change, so check the current version of your court’s rules before you file.

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