Legal Definitions - pending motion

A pending motion refers to a formal request that has been submitted to a court by one of the parties involved in a legal case, but which the judge has not yet made a decision on. It is an active request that is awaiting the court's review and ruling, meaning it is still under consideration and has not been granted, denied, or otherwise resolved.

• Example 1: Discovery Dispute in a Civil Lawsuit

  Imagine a civil lawsuit where a plaintiff's attorney believes the opposing side is withholding crucial documents. The attorney files a "motion to compel discovery," asking the judge to order the defendant to produce those documents. For weeks, the judge reviews the arguments from both sides and considers scheduling a hearing. During this period, before the judge issues an order either granting or denying the request, the motion to compel discovery is a pending motion.

  This illustrates the term because the formal request (the motion) has been filed with the court but has not yet received a ruling from the judge; it is awaiting a decision.

• Example 2: Challenging Evidence in a Criminal Case

  In a criminal case, the defense attorney might file a "motion to suppress evidence," arguing that certain evidence (like a confession or items seized) was obtained illegally by the police and should not be allowed at trial. The prosecution will then respond to this motion, and the judge will need to carefully consider the legal arguments and any presented facts. Until the judge makes a definitive ruling on whether the evidence can be used, the motion to suppress is a pending motion.

  Here, the motion is pending because it represents a formal request to the court that has been submitted but is still under judicial review and has not yet been decided upon.

• Example 3: Requesting Case Dismissal

  Consider a situation where a company is sued for an alleged breach of contract. The company's attorney might file a "motion to dismiss the case," arguing that the plaintiff's complaint fails to state a valid legal claim, even if all facts presented were true. The court will then review the motion, the plaintiff's response, and any relevant legal precedents. Until the judge issues an order either dismissing the case or allowing it to proceed, the motion to dismiss is a pending motion.

  This example demonstrates a pending motion as it is a formal request to the court that has been filed and is actively awaiting a judicial decision, which will significantly impact the direction of the lawsuit.