Legal Definitions - motion papers

Motion papers refer to the collection of written documents that a party in a lawsuit files with a court to ask a judge for a specific order or ruling. These papers typically include the formal request itself (often called the "motion"), a written argument explaining the legal reasons for the request (known as a "memorandum of law" or "brief"), and factual statements from individuals under oath (affidavits or declarations) that support the request. The opposing party usually has an opportunity to file their own "opposition papers" in response.

• Example 1: Requesting a case be decided without a trial.

  Imagine a situation where a plaintiff believes there are no genuine disputes about the key facts of their case, and that they are entitled to win based on the law alone. The plaintiff would file motion papers for summary judgment. These papers would include the formal motion asking for judgment, a detailed memorandum of law arguing why the undisputed facts and applicable law support their claim, and affidavits from witnesses or copies of documents proving those facts. These collective documents ask the judge to rule in their favor without the need for a full trial.

• Example 2: Asking the court to force the other side to share information.

  During the "discovery" phase of a lawsuit, parties exchange information and documents. If one party repeatedly fails to provide required documents or answer questions as mandated by court rules, the frustrated party would file motion papers to compel discovery. These papers would include the motion requesting the court to order the other side to comply, a memorandum of law explaining the legal basis for the request (e.g., citing specific discovery rules), and an affidavit from their attorney detailing the attempts made to obtain the information and the other party's refusal.

• Example 3: Seeking immediate protection from potential harm.

  Consider a scenario where a business discovers that a former employee is about to disclose confidential trade secrets to a competitor, which could cause immediate and irreversible damage. The business would file urgent motion papers for a temporary restraining order (TRO) or preliminary injunction. These papers would include the motion asking the judge to immediately stop the former employee, a memorandum of law outlining the legal standards for such an emergency order, and an affidavit from a company executive explaining the confidential nature of the information and the imminent threat of harm if the court does not intervene quickly.