In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision.
A few U.S. states have a tradition in which the legal argument comes in the form of an affidavit from the attorney, speaking personally as himself on behalf of their client.
In addition, most jurisdictions allow for time for the movant to file reply papers rebutting the arguments made in the opposition.
Some courts issue tentative rulings before the hearing (after which the losing party may demand oral argument) while others do not.
Depending upon the type of motion and the jurisdiction, the court may simply issue an oral decision from the bench (possibly accompanied by a request to the winner to draft an order for the judicial officer's signature reducing the salient points to writing), take the matter under submission and draft a lengthy written decision and order, direct the clerk to record the decision in summary form in the minutes of the court (that is, a "minute order" which might record only the disposition of the motion and not the court's reasons), or simply fill out a standard court form with check boxes for different outcomes.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.
A motion may be based on nonwaivable grounds (e.g. lack of jurisdiction or the failure to state an offense) or waivable grounds (denial of a right to a speedy trial, statute of limitation, double jeopardy meaning a person has been previously tried by court-martial or federal civilian court for the same offense, pardon or grant of immunity).
As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue as to any material fact.
In England motions for summary judgments were used only in cases of liquidated claims, there followed a steady enlargement of the scope of the remedy until it was used in actions to recover land or chattels and in all other actions at law, for liquidated or unliquidated claims, except for a few designated torts and breach of promise of marriage.
The significant resources needed to prepare and defend against such motions is a major factor which influences litigants to use them extensively.
In many cases, particularly from the defendant's (or defense) perspective, accurate or realistic estimates of the costs and risks of an actual trial are made only after a motion has been denied.
Most summary judgment motions must be filed in accordance with specific rules relating to the content and quality of the information presented to the judge.
Among other things, most motions for summary judgment will require or include: page limits on submissions by counsel; an instruction to state disputed issues of fact up front; an instruction to state whether there is a governing case; an instruction that all summary judgment motions be accompanied by electronic versions (on a CD-R or DVD-R), in a chambers-compatible format that includes full pinpoint citations and complete deposition and affidavit excerpts to aid in opinion preparation; an instruction that all exhibits submitted conform to specific physical characteristics (i.e. be tabbed with letters or numbers, that pages be sequentially numbered or "Bates-stamped"); an instruction that citations to deposition or affidavit testimony must include the appropriate page or paragraph numbers and that citations to other documents or materials must include pinpoint citations.
A judge generally issues a tentative ruling on the submitted pleadings, and counsel will be offered an opportunity to respond in a later oral argument.
Alternatively, a judge may grant requests for argument in a preargument order which specifies what points will be discussed prior to a decision.
Under Rule 50, Federal Rules of Civil Procedure, the motion for directed verdict and JNOV have been replaced by the motion for judgment as a matter of law (JMOL), which can be made at the close of the opposing party's evidence and "renewed" after return of the verdict (or after the dismissal of a hung jury).
This motion must be based on some vital error in the court's handling of the trial, such as the admission or exclusion of key evidence, or an incorrect instruction to the jury.
Generally the motion is filed within a short time after the trial (7–30 days) and is decided prior to the lodging of an appeal.
In some jurisdictions, a motion for new trial which is not ruled upon by a set period of time automatically is deemed to be denied.
Motions may be made at any time after entry of judgment, and in some circumstances years after the case has been closed by the courts.