Legal Definitions - Move

In legal proceedings, to move means to make a formal request to a court or judge for a specific action, ruling, or decision. This request is typically presented in a written document called a "motion," which outlines the reasons for the request and the desired outcome. Essentially, when a lawyer "moves" the court, they are formally asking the judge to do something.

• Example 1: During a civil lawsuit, the defendant's attorney believes that the plaintiff has not presented enough evidence to support their claim, even if all the plaintiff's allegations were true. The attorney might then move the court to dismiss the case before it goes to a full trial.

  Explanation: Here, "to move" means the attorney is formally requesting the judge to issue a ruling that ends the case in their client's favor, based on a legal argument about the sufficiency of the evidence.

• Example 2: In a criminal trial, the prosecutor discovers that a key witness for the defense has suddenly become unavailable due to an unexpected medical emergency. To avoid delaying the trial indefinitely, the prosecutor might move the court to allow the witness's prior sworn testimony to be read into evidence instead.

  Explanation: In this scenario, the prosecutor is formally asking the judge to permit an alternative method of presenting evidence, which requires the court's approval due to the unusual circumstances.

• Example 3: After a court has issued a judgment in a complex business dispute, one of the parties realizes there was a minor factual error in the court's written order that needs correction. Their attorney might move the court to amend the judgment to reflect the accurate information.

  Explanation: This illustrates "to move" as making a formal request for the court to modify an existing order, ensuring the official record is precise and correct.