Legal Definitions - moving papers

In legal proceedings, moving papers refers to all the written documents that a party files with a court to support a formal request made to a judge. This formal request is known as a "motion." Essentially, when a lawyer or a party asks a judge to take a specific action or make a particular ruling, all the paperwork they submit to explain and justify that request are collectively considered the moving papers. These documents typically include the motion itself, a written argument explaining the legal basis for the request (often called a memorandum of law or legal brief), and any supporting evidence such as sworn statements (affidavits or declarations) or exhibits.

• Example 1: Requesting an Extension of Time

  Imagine a situation where a lawyer needs more time to gather complex evidence before a court-imposed deadline. The lawyer would file a Motion for an Extension of Time. The moving papers for this request would include the motion document itself, a sworn declaration from the lawyer explaining the specific reasons why more time is needed (e.g., difficulty obtaining expert reports, unexpected scheduling conflicts), and a proposed order for the judge to sign if the request is granted. These documents collectively provide the court with the necessary information to decide whether to extend the deadline.

• Example 2: Asking to Dismiss a Lawsuit

  Consider a defendant who believes that the lawsuit filed against them has no legal basis or that the plaintiff has failed to state a valid claim. The defendant would file a Motion to Dismiss. The moving papers for this motion would typically consist of the motion document, a detailed legal brief (often called a "memorandum of points and authorities") that cites relevant laws and prior court decisions to argue why the case should be dismissed, and potentially copies of any contracts or other documents that are central to the dispute and support the defendant's argument. These papers lay out the legal and factual arguments for ending the lawsuit early.

• Example 3: Compelling Production of Documents

  During the "discovery" phase of a lawsuit, parties exchange information and documents. If one party refuses to provide requested documents that are relevant to the case, the other party might file a Motion to Compel Discovery. The moving papers for this motion would include the motion document, a declaration from the requesting party's attorney detailing the attempts made to obtain the documents and the other party's refusal, copies of the original discovery requests, and any correspondence between the parties related to the dispute. These documents demonstrate to the judge that the opposing party has failed to comply with their discovery obligations and that court intervention is necessary.