Motion

What motion means

In short, motion is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where motion comes up

For example, the term appears in these procedures:

• Motions: Form and Requirements (Fed. R. Civ. P. 7(b)): the general rules every written motion must follow.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses motion in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Movant: the party who files a motion.
• Nonmovant: the party responding to a motion.
• Order: a written direction or ruling by the court.
• Local rules: rules adopted by an individual court that supplement the general rules of procedure.
• Hearing: a proceeding before a judge to consider a motion or other matter.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.