Court & Hearings

A motion is a formal written request you make to the judge to get permission to do something or to make the other side do something. For example, you might file a motion to ask the judge to dismiss the case, let you make changes to something you've already filed, keep certain evidence out of the trial, or force the other side to provide information. After you file the motion, you usually need to attend a hearing where the judge will decide whether to grant or deny your request.

Requesting permission to do something 

Motions can be used to request the judge's permission to do something that might not follow the usual court procedures. For example, if you need more time to prepare for a case or need to reschedule a court date because a witness is not available, you could file a Motion for Continuance to ask the judge for more time. If granted, the court will give you a new court date. Similarly, you could file a Motion to Amend a Complaint to ask permission to update an initial complaint with new facts or legal arguments. These motions help ensure the legal process can adapt to new information and remain fair.

Forcing the other side to take action

If the other side is not following the rules or court orders, you can use motions to make them cooperate. For example, you can file a Motion to Compel Discovery during the discovery process if the other side refuses to provide the required documents, evidence, or answers to questions. This motion asks the judge to step in and make the other side comply and turn over the documents. 

Improper use of motions

You need a valid reason to file a motion. You cannot file a motion just to delay proceedings, cause trouble for the other side, or for other improper reasons. If you do, the court may sanction you, which is a penalty—usually a fee or a fine. Filing a motion does not guarantee the judge will grant your request. Even if a motion is timely and valid, a judge may still deny it if they find it unnecessary or unjust. 

You can file motions at different stages of a case to address specific needs or problems. Learn more about when to file a motion, what to include, and the costs involved. Some motions have specific deadlines. Make sure you understand and follow court rules to avoid missing deadlines, or get advice from an attorney.