Legal Definitions - enumerated motion

An enumerated motion refers to a formal request made to a court that is specifically listed, detailed, and provided for within a statute, rule of procedure, or other legal document. These are motions for which the law explicitly outlines their purpose, requirements, and potential outcomes, rather than being a general or unlisted request to the court.

• Example 1: Motion to Dismiss for Failure to State a Claim

  Imagine a situation where a person files a lawsuit against a neighbor, claiming the neighbor's pet cat looked at them "in a mean way." The neighbor's attorney would likely file a motion to dismiss for failure to state a claim upon which relief can be granted. This specific type of motion is explicitly detailed in rules of civil procedure (such as Rule 12(b)(6) of the Federal Rules of Civil Procedure). The rule specifies that a lawsuit can be dismissed if the complaint, even if all its factual allegations are true, does not legally entitle the plaintiff to any remedy. This is an enumerated motion because the procedural rules clearly define its grounds, purpose, and the court's authority to grant it.

• Example 2: Motion for Summary Judgment

  Consider a contract dispute where, after months of gathering evidence, both parties agree on all the essential facts of what was said and done, but they disagree on whether those facts legally constitute a breach of contract. One party might then file a motion for summary judgment. This motion is a specifically enumerated procedural tool (e.g., Federal Rule of Civil Procedure 56) that allows a court to decide a case without a full trial if there is no genuine dispute over any material fact and the moving party is entitled to judgment as a matter of law. The rules meticulously detail the requirements for filing such a motion, the evidence that must be presented, and the standard the court applies, making it a clear example of an enumerated motion.