Legal Definitions - notice of motion

A notice of motion is a formal written document filed in a lawsuit that serves to inform all other parties involved, and sometimes the court, that a specific request (called a "motion") has been made or will be presented to the court for a decision. It typically specifies the nature of the motion, the legal grounds supporting it, and often includes details about when and where the court will consider the request. The primary purpose is to ensure that all parties are aware of the motion and have an opportunity to respond or prepare for a hearing.

• Example 1: Requesting More Time for Discovery

  Scenario: In a complex intellectual property lawsuit, one party realizes they need additional time to gather evidence and depose witnesses before the court-imposed deadline for "discovery" (the pre-trial exchange of information) expires. Their attorney decides to file a "motion for an extension of discovery."

  Explanation: The attorney would then prepare and file a notice of motion. This document would formally inform the opposing party that a request for more time has been submitted to the judge. It would detail the reasons for the extension, state the new proposed deadline, and specify the date and time when the judge is scheduled to hear arguments on the motion, allowing the opposing party to prepare their response or objection.

• Example 2: Seeking to Exclude Evidence

  Scenario: During a criminal trial, the defense attorney believes that certain evidence obtained by the police was gathered illegally and should not be presented to the jury.

  Explanation: The defense attorney would file a "motion to suppress evidence," asking the judge to exclude that evidence. Along with this motion, they would issue a notice of motion to the prosecution and the court. This notice would formally inform the prosecution that the defense is challenging the admissibility of specific evidence, outline the legal basis for the challenge (e.g., Fourth Amendment violation), and indicate when the judge will hold a hearing to consider the motion, giving the prosecution an opportunity to argue for the evidence's inclusion.

• Example 3: Asking for a Default Judgment

  Scenario: A small business sues a client for unpaid services. Despite being properly served with the lawsuit, the client fails to respond to the complaint within the legally required timeframe.

  Explanation: The small business's attorney would file a "motion for default judgment," asking the court to rule in their favor because the client failed to participate in the lawsuit. They would then serve a notice of motion on the client. This notice would formally inform the client that the business is requesting a judgment against them due to their non-response, explain the consequences of a default judgment, and specify when the court will consider the motion, giving the client a final opportunity to respond or explain their inaction.