Motion — in plain language

Plain language

a formal request asking a judge to make a decision or order something during a case

• a formal request to the court
• asking the judge to rule on something
• an application for a court order

What to watch for

• A motion is a request, not a ruling: a plain rewrite should keep the sense that a party is asking the court for something, not that the court has already decided.
• Do not confuse a 'motion' (a request during a case) with a 'pleading' (a document that states claims or defenses) or an 'order' (the court's actual decision).
• In a meeting context, 'motion' means a proposal put to a vote, which is unrelated to court procedure; keep whichever sense the document means.

A Request, Not a Decision. A motion is one party asking the court to act. The court's response is an "order," which is the actual decision. A plain rewrite should keep this difference clear, so a reader does not think the matter is settled when a party has only asked for a ruling.

Motion vs. Pleading. A pleading (like a complaint or answer) sets out a party's claims or defenses. A motion asks the court to take a particular step in the case. Both are filed documents, but they do different jobs, and a plain version should not call one the other.

Common Misunderstandings by Non-Lawyers.

• "If a party files a motion, the court has to agree with it." (No — a motion is just a request; the judge can grant or deny it.)
• "A motion decides the case." (Usually not — most motions resolve a single issue, though some, like summary judgment, can end a case.)
• "A motion and an order are the same document." (No — a motion is the request; an order is the court's ruling on it.)

Legal definition

A formal request asking a judge to make a decision or issue an order during a legal case. A motion is how a party asks the court to do something specific, such as dismiss a claim, decide an issue without a full trial, or exclude certain evidence. It is a request, not the court's answer; the judge responds with an order. In meetings, the same word means a proposal put to a vote.

Meanings by context

meetings and parliamentary procedure: a formal proposal put to a vote at a meeting

Examples

Where you'll see it

• court filings and litigation
• pre-trial and trial proceedings
• dispute-resolution clauses
• board and shareholder meetings

Related terms

• pleading
• brief
• order
• summary judgment
• hearing
• petition

Word details

Pronunciation

MOH-shuhn

Part of speech

noun

Origin

Latin — from 'motio' — a moving or movement; a formal request that 'moves' the court to act

Domains

civil procedure, criminal procedure, litigation, appellate practice

Frequency

very common

Formality

moderate