Legal Definitions - dilatory motion

A dilatory motion is a formal request made to a court or judge that is primarily intended to cause delay in legal proceedings, rather than to genuinely advance the case or resolve a substantive issue. Parties might file such motions to gain more time, frustrate an opponent, or postpone an unfavorable outcome.

• Imagine a civil lawsuit where the trial date is rapidly approaching, and the defendant has not yet fully prepared their defense. Instead of diligently preparing, the defendant's attorney files a motion asking the court for a six-month postponement of the trial, citing vague reasons like "scheduling conflicts" or "need for further investigation" without providing specific, compelling justifications.

  How it illustrates the term: This motion is dilatory because its primary purpose is to delay the trial, giving the defendant more time, rather than addressing a legitimate, urgent procedural need that would move the case forward efficiently.

• Consider a complex business dispute where one company is suing another for breach of contract. The discovery phase (where parties exchange information) is nearing its end. One party, realizing they are in a weak position, files a motion requesting extensive additional discovery, asking for thousands of emails and documents that are only tangentially related to the core issues, and demanding depositions from numerous low-level employees.

  How it illustrates the term: This motion could be considered dilatory if the court determines that the requested discovery is overly broad, burdensome, and not genuinely necessary to resolve the dispute, but rather a tactic to prolong the litigation and increase the opposing party's legal costs and burden.

• In a family law case, a judge is about to issue a final order regarding child custody that one parent strongly opposes. Just before the order is finalized, that parent's attorney files a motion asking the judge to reconsider a minor procedural ruling made weeks ago, even though that ruling had little impact on the substantive outcome of the case.

  How it illustrates the term: This motion is dilatory because it attempts to reopen a settled issue and force the judge to spend more time reviewing a minor point, thereby delaying the issuance of the final custody order, which is the true objective of the parent.