Motions: Form and Requirements

When the motions: form and requirements is used

Timing: any time a party asks the court for an order. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• A request for a court order must be made by motion; it must be in writing unless made during a hearing or trial, state with particularity the grounds for seeking the order, and state the relief sought (Rule 7(b)(1)).
• Local rules usually add requirements on notice, hearing dates, page limits and meet-and-confer — check your court's local rules.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 7(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motions: form and requirements in state court

This page covers the federal version. In state court, the motions: form and requirements may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Motion: a request asking the court for an order. In federal court, motions must generally be in writing, state the grounds with particularity and state the relief sought.
• 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.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Extension of Time: a request for more time to do something the rules or a court order require.
• Motion for Sanctions under Rule 11: a motion asking the court to sanction a party or attorney for a filing that violates Rule 11(b).

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.