Motions and procedures

The procedure library, one page each

The motions and procedures library has one page for every motion, filing, procedure, discovery tool and appeal step in a federal civil case.

Federal Rules of Civil ProcedureTitle 28 U.S.C.Federal Rules of Appellate Procedure

The life of a case

Browse by stage

Pick the stage your matter is in to see the filings and motions that usually come up there.

Library

Motions, filings, procedures & appeals

Each page quotes only what the rule itself says and links to the official text. State courts have their own rules — always check your court’s rules and local rules.

Motions 42

MotionDispositive motions

Involuntary Dismissal (Failure to Prosecute)

Fed. R. Civ. P. 41(b)

A motion to dismiss because the plaintiff failed to prosecute or to comply with the rules or a court order.

MotionPre-answer motions

Motion for a More Definite Statement

Fed. R. Civ. P. 12(e)

A motion asking for a clearer pleading when it is so vague or ambiguous that the party cannot reasonably prepare a response.

MotionPost-trial

Motion for a New Trial

Fed. R. Civ. P. 59(a)–(b)

A request that the court grant a new trial on all or some issues.

MotionDiscovery

Motion for a Physical or Mental Examination

Fed. R. Civ. P. 35

A request that a party whose physical or mental condition is in controversy submit to an examination by a suitably licensed or certified examiner.

MotionPleadings

Motion for a Preliminary Injunction

Fed. R. Civ. P. 65(a)

A request for an order that preserves the situation while the case is decided.

MotionDiscovery

Motion for a Protective Order

Fed. R. Civ. P. 26(c)

A request that the court, for good cause, protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery.

MotionAppeal

Motion for a Stay Pending Appeal

Fed. R. App. P. 8(a)

A request to pause a judgment or order while an appeal is decided.

MotionPleadings

Motion for a Temporary Restraining Order (TRO)

Fed. R. Civ. P. 65(b)

An emergency request for a short-term order, sometimes without notice to the other side, to prevent immediate and irreparable harm.

MotionPost-trial

Motion for Attorney’s Fees and Bill of Costs

Fed. R. Civ. P. 54(d)

Requests after judgment for costs and, where a statute, rule or contract allows, attorney's fees.

MotionPleadings

Motion for Class Certification

Fed. R. Civ. P. 23

A request to have a case proceed on behalf of a class of similarly situated people.

MotionDiscovery

Motion for Discovery Sanctions

Fed. R. Civ. P. 37(b)–(d)

A request for sanctions when a party fails to obey a discovery order or fails to attend its own deposition or respond to discovery.

MotionDiscovery

Motion for Extension of Time

Fed. R. Civ. P. 6(b)

A request for more time to do something the rules or a court order require.

MotionTrial

Motion for Judgment as a Matter of Law

Fed. R. Civ. P. 50(a)

A motion in a jury trial arguing that a reasonable jury would not have a legally sufficient evidentiary basis to find for a party…

MotionPleadings

Motion for Judgment on the Pleadings

Fed. R. Civ. P. 12(c)

A motion asking for judgment based only on the pleadings.

MotionPleadings

Motion for Leave to Amend a Pleading

Fed. R. Civ. P. 15(a)

A request for permission to change a pleading when amendment is no longer allowed as a matter of course.

MotionPost-trial

Motion for Relief from a Judgment or Order

Fed. R. Civ. P. 60(b)

A motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule…

MotionPleadings

Motion for Sanctions under Rule 11

Fed. R. Civ. P. 11(c)

A motion asking the court to sanction a party or attorney for a filing that violates Rule 11(b).

MotionDispositive motions

Motion for Summary Judgment

Fed. R. Civ. P. 56

A motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of…

MotionTrial

Motion in Limine

Court's authority to manage trials; see Luce v. United States, 469 U.S. 38 (1984)

A pretrial motion asking the court to rule in advance on whether particular evidence may be used at trial.

MotionPost-trial

Motion to Alter or Amend a Judgment

Fed. R. Civ. P. 59(e)

A request that the court change its judgment.

MotionPre-answer motions

Motion to Compel Arbitration and Stay Proceedings

9 U.S.C. §§ 3, 4

A request to send a dispute to arbitration under a written arbitration agreement, and to pause the court case.

MotionDiscovery

Motion to Compel Discovery

Fed. R. Civ. P. 37(a)

A request that the court order a party to make disclosures or respond to discovery.

MotionPost-trial

Motion to Correct a Clerical Mistake

Fed. R. Civ. P. 60(a)

A request to fix a clerical mistake, or a mistake arising from oversight or omission, in a judgment, order or other part of the…

MotionPre-answer motions

Motion to Dismiss for Failure to Join a Required Party

Fed. R. Civ. P. 12(b)(7), 19

A motion arguing that a person who must be part of the case under Rule 19 has not been joined.

MotionPre-answer motions

Motion to Dismiss for Failure to State a Claim

Fed. R. Civ. P. 12(b)(6)

A motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.

MotionPre-answer motions

Motion to Dismiss for Improper Venue

Fed. R. Civ. P. 12(b)(3); 28 U.S.C. § 1406(a)

A motion arguing the case was filed in the wrong district or division.

MotionPre-answer motions

Motion to Dismiss for Insufficient Process

Fed. R. Civ. P. 12(b)(4)

A motion challenging a defect in the summons itself.

MotionPre-answer motions

Motion to Dismiss for Insufficient Service of Process

Fed. R. Civ. P. 12(b)(5)

A motion challenging the way the summons and complaint were delivered.

MotionPre-answer motions

Motion to Dismiss for Lack of Personal Jurisdiction

Fed. R. Civ. P. 12(b)(2)

A motion arguing the court has no authority over the defendant.

MotionPre-answer motions

Motion to Dismiss for Lack of Subject-Matter Jurisdiction

Fed. R. Civ. P. 12(b)(1)

A motion arguing the court has no power to hear this type of case.

MotionPleadings

Motion to File a Supplemental Pleading

Fed. R. Civ. P. 15(d)

A request to add a pleading that sets out events that happened after the date of the pleading being supplemented.

MotionPleadings

Motion to Intervene

Fed. R. Civ. P. 24

A request by a nonparty to join an existing lawsuit.

MotionDiscovery

Motion to Modify the Scheduling Order

Fed. R. Civ. P. 16(b)(4)

A request to change a deadline in the court's scheduling order.

MotionDiscovery

Motion to Quash or Modify a Subpoena

Fed. R. Civ. P. 45(d)(3)

A request asking the court to cancel or narrow a subpoena.

MotionPre-answer motions

Motion to Remand to State Court

28 U.S.C. § 1447(c)

A motion asking a federal court to send a removed case back to the state court it came from.

MotionPleadings

Motion to Set Aside a Default

Fed. R. Civ. P. 55(c)

A request to undo an entry of default, or a default judgment.

MotionPleadings

Motion to Strike

Fed. R. Civ. P. 12(f)

A motion asking the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

MotionPleadings

Motion to Substitute a Party

Fed. R. Civ. P. 25

A request to replace a party — for example after a party dies, becomes incompetent, or an interest is transferred.

MotionPre-answer motions

Motion to Transfer Venue

28 U.S.C. § 1404(a)

A request to move a case to another federal district or division.

MotionDiscovery

Motion to Withdraw or Amend Admissions

Fed. R. Civ. P. 36(b)

A request to withdraw or change an admission — including one deemed admitted because no response was served in time.

MotionPost-trial

Renewed Motion for Judgment as a Matter of Law

Fed. R. Civ. P. 50(b)

A post-verdict motion renewing an earlier Rule 50(a) motion.

MotionDispositive motions

Request to Defer Summary Judgment for More Discovery

Fed. R. Civ. P. 56(d)

A request, supported by affidavit or declaration, explaining that the nonmovant cannot yet present facts essential to justify its opposition.

Filings 10

FilingPleadings

Affirmative Defenses

Fed. R. Civ. P. 8(c)

Defenses that defeat or reduce a claim even if the plaintiff's allegations are true. Rule 8(c)(1) lists examples such as statute of limitations, res…

FilingPleadings

Answer

Fed. R. Civ. P. 8(b), 12(a)

The defendant's responsive pleading. It admits or denies the allegations of the complaint and states any defenses.

FilingBefore filing

Application to Proceed In Forma Pauperis

28 U.S.C. § 1915(a)(1)

A request to start a case without prepaying the filing fee because the person cannot afford it.

FilingPleadings

Complaint

Fed. R. Civ. P. 3, 8(a)

The pleading that starts a civil action. Under Rule 3, a civil action is commenced by filing a complaint with the court.

FilingPleadings

Counterclaim

Fed. R. Civ. P. 13(a)–(b)

A claim a defending party asserts against the opposing party.

FilingPleadings

Crossclaim

Fed. R. Civ. P. 13(g)

A claim by one party against a coparty — for example, one defendant against another defendant.

FilingPleadings

Jury Demand

Fed. R. Civ. P. 38(b)

A written demand for a jury trial on issues triable by a jury.

FilingPre-answer motions

Notice of Removal

28 U.S.C. §§ 1441, 1446

The filing a defendant uses to move a case from state court to federal court when the federal court would have had original jurisdiction.

FilingPleadings

Proof of Service

Fed. R. Civ. P. 4(l), 5(d)

A filing that shows the court how, when and on whom a document was served.

FilingPleadings

Third-Party Complaint (Impleader)

Fed. R. Civ. P. 14(a)

A defending party brings in a nonparty who is or may be liable to it for all or part of the claim against it.

Procedures 11

ProcedurePleadings

Entry of Default and Default Judgment

Fed. R. Civ. P. 55(a)–(b)

The two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.

ProcedurePleadings

Interpleader

Fed. R. Civ. P. 22

A procedure that lets a party facing competing claims to the same money or property bring all the claimants into one case.

ProcedurePleadings

Joinder of Parties (Required and Permissive)

Fed. R. Civ. P. 19, 20

The rules for who must, and who may, join as parties in one lawsuit.

ProcedurePleadings

Motions: Form and Requirements

Fed. R. Civ. P. 7(b)

The general rules every written motion must follow.

ProcedureDiscovery

Rule 26(f) Conference and Discovery Plan

Fed. R. Civ. P. 26(f)

The meeting where the parties discuss the case and prepare a proposed discovery plan for the court.

ProcedureDiscovery

Scheduling Order and Pretrial Conferences

Fed. R. Civ. P. 16

The court's order setting deadlines for joining parties, amending pleadings, completing discovery and filing motions, and the conferences that manage the case.

ProcedureEnforcement of judgment

Stay of Proceedings to Enforce a Judgment

Fed. R. Civ. P. 62

Pausing enforcement of a judgment, automatically for a short time or by court order with security.

ProcedurePleadings

Summons and Service of Process

Fed. R. Civ. P. 4

The formal way a defendant is notified of a lawsuit. The plaintiff must serve the summons together with a copy of the complaint (Rule…

ProcedureDispositive motions

Voluntary Dismissal

Fed. R. Civ. P. 41(a)

The ways a plaintiff can end its own case.

ProcedurePleadings

Waiver of Service

Fed. R. Civ. P. 4(d)

A request asking the defendant to waive formal service of the summons, which saves the cost of service.

ProcedureEnforcement of judgment

Writ of Execution (Enforcing a Money Judgment)

Fed. R. Civ. P. 69(a)

The court process used to enforce a money judgment.

Discovery tools 6

Discovery toolDiscovery

Depositions

Fed. R. Civ. P. 30

Questioning of a witness under oath, outside court, with a record made of the testimony.

Discovery toolDiscovery

Initial Disclosures

Fed. R. Civ. P. 26(a)(1)

Information each party must share without being asked, such as people likely to have discoverable information and documents it may use.

Discovery toolDiscovery

Interrogatories

Fed. R. Civ. P. 33

Written questions one party serves on another party, answered in writing under oath.

Discovery toolDiscovery

Requests for Admission

Fed. R. Civ. P. 36

Written requests asking another party to admit the truth of specific matters.

Discovery toolDiscovery

Requests for Production of Documents

Fed. R. Civ. P. 34

Requests that another party produce documents, electronically stored information or tangible things, or permit inspection.

Discovery toolDiscovery

Subpoena

Fed. R. Civ. P. 45

A court command requiring a person — often a nonparty — to testify or produce documents.

Appeals 2

AppealAppeal

Interlocutory Appeal (Certified Question)

28 U.S.C. § 1292(b)

An appeal from an order that is not a final judgment, allowed when the district judge certifies it.

AppealAppeal

Notice of Appeal

Fed. R. App. P. 3, 4(a)

The filing that starts an appeal from a federal district court to a court of appeals.

Know the vocabulary

Legal terms, defined

Every key term on these pages links to its own glossary entry.

Overview

How to read our motions and procedures pages

Every page in the motions and procedures library follows the same layout. First, it says what the filing is. Next, it names the governing rule and explains when the filing usually comes up. Then it lists what the rule requires, in short points.

Each page also links to the official rule text. For example, you can open the current federal court rules to read the version currently in force. In addition, key terms link to the glossary, and related filings link to each other.

Remember that these pages cover federal courts. State courts follow their own rules, so the names, deadlines and forms can differ. For that reason, use our state procedures guide to find your state’s rules, and check your court’s local rules too.

Finally, the library explains how procedure works. It does not tell you what to file in your case.

Motions and procedures — courthouse steps at golden hour

Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.