Legal Definitions - motion of course

A motion of course refers to a formal request made to a court that is typically granted automatically or routinely because it involves a standard procedural step, does not present a contested legal issue, or is a matter of right under the applicable rules. Such motions usually do not require extensive argument or a hearing, as there is generally no legal basis for the court to deny them, and they are often unopposed.

Here are some examples:

• Request for an Extension of Time: Imagine a lawyer representing a client in a civil lawsuit. They need a few extra days to gather documents and prepare a thorough response to a request from the opposing side. The lawyer files a motion for an extension of time, and the opposing counsel agrees to the short delay. Because the request is reasonable, agreed upon by both parties, and won't significantly disrupt the court's schedule, the judge will likely grant this motion "of course" without requiring a formal hearing or extensive deliberation.

  This illustrates a motion of course because it's a common procedural request that, when reasonable and unopposed, is routinely granted by the court as a matter of administrative efficiency rather than a contested legal battle.

• Amending a Complaint: A plaintiff's attorney files a lawsuit, but later discovers a minor factual error in the initial complaint, such as a misspelled name or an incorrect date that doesn't change the core allegations. The attorney files a motion to amend the complaint to correct this detail. Many court rules allow parties to amend their pleadings once as a matter of right early in a case, or courts are generally lenient in allowing amendments that don't cause significant prejudice to the other side. If the amendment is minor and timely, the court will typically grant it "of course."

  This illustrates a motion of course because it's a routine procedural correction that courts generally permit without extensive scrutiny, especially when it doesn't introduce new claims that would unfairly surprise or disadvantage the opposing party.

• Withdrawal of Counsel: A client and their attorney mutually decide to end their professional relationship. There are no immediate court dates, critical deadlines, or complex issues that would be disrupted by the change. The attorney files a motion to withdraw as counsel, stating that the client consents and will either represent themselves or secure new legal representation. In such circumstances, where the withdrawal won't prejudice the client or delay the proceedings, the court will typically grant the motion "of course."

  This illustrates a motion of course because it's an administrative request that, with client consent and no adverse impact on the case's progress, is routinely approved by the court as a matter of professional courtesy and client autonomy.