Legal Definitions - improper motion

An improper motion refers to a formal request made to a court by a party in a lawsuit that fails to comply with legal rules or procedures, lacks a legitimate legal basis, or is filed for an inappropriate purpose. Such a motion may be denied by the judge, and in some cases, the party filing it could face penalties or sanctions.

Here are some examples illustrating an improper motion:

• Example 1: Procedural Violation

  In a civil lawsuit, a lawyer files a "Motion to Compel Discovery" (a request for the opposing side to provide requested information) but fails to include a required certification. This certification, mandated by court rules, states that the lawyer first attempted to resolve the dispute directly with the opposing counsel before involving the court.

  Explanation: This motion is improper because it violates a specific procedural rule for filing such a request. The judge would likely deny it without prejudice, meaning the lawyer could refile it properly after attempting to resolve the issue with the opposing party as required.

• Example 2: Improper Purpose (Harassment or Delay)

  During a contentious business dispute, one company's legal team repeatedly files motions for minor, irrelevant issues, such as a "Motion to Compel Production of Employee Lunch Receipts" for every employee over the past year, even after the judge has already ruled that such detailed personal expenses are not relevant to the financial claims in the case.

  Explanation: This constitutes an improper motion because it appears to be filed not for a legitimate legal purpose, but rather to harass the opposing party, increase their legal costs, or unnecessarily delay the proceedings. The judge might deny these motions and could even impose sanctions for frivolous filings.

• Example 3: Lack of Legal Basis

  A defendant in a contract dispute files a "Motion to Dismiss" the entire case based solely on the argument that they "don't believe in contracts" and therefore should not be bound by the agreement, without citing any legal precedent, statutory defense, or constitutional argument to support this claim.

  Explanation: This motion is improper because it lacks a sound legal basis. While a party has the right to challenge legal claims, simply asserting a personal disbelief in a fundamental legal concept without any supporting legal argument or authority makes the motion frivolous and unlikely to be granted by the court. The court's role is to apply existing law, not to invalidate it based on a party's subjective opinion without proper legal grounds.