Legal Definitions - nonmovant

A nonmovant is a party in a lawsuit who has not filed the specific legal request, known as a motion, that the court is currently considering. Instead, they are the party responding to or opposing that motion.

• Example 1: Motion to Dismiss
  Imagine a scenario where a defendant in a breach of contract case files a "Motion to Dismiss," arguing that the plaintiff's lawsuit lacks a valid legal basis. In this situation, the plaintiff is the nonmovant because they are not the party who initiated the motion to dismiss; they are the one responding to the defendant's request to end the case.

• Example 2: Motion to Compel Discovery
  During the information-gathering phase of a lawsuit, Party A believes Party B is refusing to provide necessary documents. Party A files a "Motion to Compel Discovery," asking the court to order Party B to produce those documents. Here, Party B is the nonmovant, as they are the party against whom the motion is directed and must now explain to the court why they have not produced the requested information.

• Example 3: Motion for Sanctions
  Consider a situation where one party's attorney files a "Motion for Sanctions," alleging that the opposing attorney has engaged in improper conduct during the litigation and asking the court to impose penalties. The opposing attorney and their client would be the nonmovant, as they are the subject of the motion and must defend against the allegations of misconduct.