Motion

Legal Definition: Motion

In the legal context, a “motion” refers to a formal request made by one party to a legal proceeding, typically a court case, asking the court to take a specific action or make a particular decision. Motions are essential tools in the legal process, as they allow parties to address various matters and issues that arise during a case.

There are several types of motions that can be filed in court, each serving a distinct purpose. Some common types of motions include:

  1. Motion to Dismiss: A motion to dismiss is filed by a party to request the court to dismiss the case for various reasons, such as lack of jurisdiction, failure to state a claim, or legal immunity.
  2. Motion for Summary Judgment: This motion is used to ask the court to decide the case in favor of one party before it goes to trial, typically on the basis that there are no genuine issues of material fact to be tried.
  3. Motion to Suppress Evidence: A motion to suppress is filed to exclude specific evidence from being used at trial, often on the grounds that it was obtained illegally or in violation of a person’s constitutional rights.
  4. Motion for Continuance: This motion requests a delay or postponement of a scheduled court hearing or trial, usually due to unforeseen circumstances or the need for more time to prepare.
  5. Motion for Discovery: Parties can file this motion to request the exchange of information, documents, or evidence relevant to the case, allowing both sides to gather facts and prepare their arguments.

When a party files a motion, it typically involves submitting a written document to the court that outlines the specific request, the legal basis for the request, and any supporting arguments or evidence. The opposing party may have the opportunity to respond to the motion before the court makes a decision.

The court will then consider the motion, review the arguments and evidence presented, and issue a ruling. The ruling may grant or deny the motion, which can have significant implications for the outcome of the case.

In summary, a “motion” in the legal context is a formal request made by a party in a legal proceeding, asking the court to take a specific action or make a particular decision. Motions are a fundamental part of the legal process, allowing parties to address various issues and seek resolution in court.

Read Our Blog

a good criminal defense attorney can help you get a lenient sentence

How To Find A Criminal Defense Attorney

You’ve found yourself in some legal trouble in Nashville, Tennessee, and now you need a criminal defense attorney. Finding the right lawyer can feel overwhelming, but it doesn’t have to be. The key is doing

a DUI conviction will remain on your record for a long time

How Long Does DUI Stay On Your Record In Tennessee?

Unfortunately, a DUI conviction in Tennessee will remain on your driving record permanently. There is no way to expunge or remove a DUI charge from your record through taking a class or other means. The