Court & Hearings

A motion is a written request to the court asking it to do something or require your opponent to do something. There are many reasons to file a motion.

Motions ask the court to enter an order deciding something or requiring your opponent to do something. Either side in a case can file a motion. In some instances, a non-party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. may file a motion (for example, a motion to quash a subpoena A court order requiring someone to show up in court, usually to give information issued in the case). Motions are electronically filed (e-file) with the court clerk where your case is being heard and are decided by a judge at a motion hearing When the parties in a case present their sides of a case to a judge or other officer . Sometimes, the judge will decide the motion during the motion hearing.  Other times, the judge may take the motion “under advisement” and issue a ruling later. 

An example of a motion is a Motion for a Continuance When the judge gives additional preparation time before or during a trial , which asks the court to postpone a court date because you will be unable to attend or because you will not have the information you need by that date. If granted, the court will give you a new court date. As another example, you would file a Motion to Compel Discovery When parties exchange and gather information about each other's cases before the case goes to trial if you have asked the other side to turn over documents or answer A written statement used to respond to the complaint or petition in a lawsuit questions during discovery and they refuse. This motion asks the court to force the other side to turn over those documents. Other examples are a motion to ask for more time to move in an eviction A court case brought by a landlord to get a tenant to move out proceeding or for a change to an earlier order.

Each side can file multiple motions throughout the case, but you must have a good reason for filing a motion. You cannot file a motion if you are trying to delay proceedings, cause trouble for the other side, or for other improper reasons. If you do, the court may sanction When a judge penalizes a party you. A sanction is a penalty - usually a fee or a fine.

Your motion should briefly state any relevant background facts, what you are asking the court to do, and the reasons for your request. If there are important documents that would be helpful for the court to consider when deciding the motion, you may attach them as exhibits to your motion. You may use our easy form motion when writing your motion.

After you file a motion, you should file a Notice of Motion, which lets the other side know the following:

• That you have filed a motion in the case
• The type of motion you have filed
• When you are going to court
• Where you are going to court, including the courtroom number
• Which judge will be hearing your motion​

Learn more about how to prepare and file a motion.