Legal Definitions - Motion

A Motion is a formal request made by a party involved in a lawsuit, asking a judge to make a specific decision or issue a particular order. These requests are a fundamental part of legal proceedings, allowing parties to seek various rulings from the court as a case progresses. Motions can be submitted in writing or presented orally, depending on the court's rules and the nature of the request, but they can only be made after a lawsuit has been officially initiated with the filing of an initial complaint.

Here are a few examples to illustrate how motions are used in different legal contexts:

• Imagine a business dispute where one company is suing another for unpaid invoices. During the "discovery" phase, the plaintiff company requests access to specific financial records from the defendant. If the defendant refuses to provide these documents, the plaintiff might file a Motion to Compel Discovery. This is a formal request asking the judge to intervene and order the defendant to produce the requested financial records, arguing that they are essential for proving their case.

• Consider a criminal trial where the defense attorney believes a witness for the prosecution is about to introduce testimony that is irrelevant or legally inadmissible. Before that testimony is presented to the jury, the defense attorney might make an immediate, oral Motion to Exclude Testimony. This is a direct request to the judge to rule that the specific information cannot be shared with the jury because it violates rules of evidence or procedure.

• Following a divorce, a court issues an order for one parent to pay a certain amount of child support. Several years later, the paying parent experiences a significant and permanent job loss, drastically reducing their income. To adjust the support payments to reflect their new financial reality, they would file a Motion to Modify Child Support. This is a formal request to the court asking the judge to review the existing order and change the amount of child support based on the substantial change in circumstances.