Motions are procedural and legal devices that are routinely used throughout the litigation process. A motion is a request to a court or judge to issue an order directing that some act be done in favor of the requesting party (often called the moving party, or movant). Motions are usually made in writing. Written motions must be filed with the court and served upon the non-moving party.
Motions vary in purpose and scope, and many have their own special rules governing how and when they may be made, the types of documents that must be filed with them, and the legal standard the court must use to make its decision. Written motions usually must be accompanied by a memorandum of points and authorities. This memorandum must state the facts of the case, the legal issues presented by the motion, and the rules and legal doctrines that entitle the movant to the requested relief.
Once the movant has filed a motion, the non-moving party has the opportunity to file a written response. Specific rules govern the time frame by which each response must be filed and served. If the non-moving party files a late response, the court may disregard the response and consider only the movant's arguments.
If the non-moving party files a timely response, the movant then has the opportunity to file a written rebuttal, called a reply. Specific rules govern the time frame by which each reply must be filed. If the movant files a late reply, the court may disregard the movant's counter arguments.
Calvert & Coleman provides customized motion drafting services. If you are in the process of litigating your own case and need to file a motion or a response to a motion, Calvert & Coleman can draft it for you.
Call us today to learn how we can give your motion the legal force it needs to succeed.