Motion
A formal request to a court to issue a ruling or order; common motions include motion to dismiss, motion for summary judgment, and motion to compel.
While straightforward in theory, many businesses fail to actively track obligations tied to this concept - often resulting in missed deadlines, unintended renewals, penalties, or loss of contractual rights.
US Law · For business owners and foundersWhat is a Motion?
A motion is a formal written request submitted to a court asking the judge to issue a ruling, order, or relief on a specific matter. Motions are essential tools in litigation: they allow parties to request relief before trial, challenge the opposing party's claims, and manage litigation efficiently.
The most common motions in civil litigation are: motion to dismiss (challenging whether the plaintiff has stated a valid claim), motion for summary judgment (arguing there is no genuine dispute of material fact), motion in limine (requesting that evidence be excluded before trial), and motion to compel discovery (requesting the court order the other party to respond to discovery demands).
Motions are decided by judges and are often determined on written briefs without a hearing. However, for significant motions like summary judgment, parties typically present oral arguments. The judge's ruling on a motion is an order that the parties must follow.
In practice, many teams rely on a contract expiry tracking system to stay on top of dates and obligations tied to clauses like this.
Key Elements
Motion Requirements
A motion must be in writing, must state clearly what relief is requested, must be supported by factual allegations or legal argument, and must comply with local court rules on formatting, filing, and timing. Pro se (self-represented) litigants must follow the same rules as lawyers.Standards for Different Motions
Each motion type has a different standard. Motion to dismiss: "Does the complaint state a plausible claim for relief?" Motion for summary judgment: "Is there a genuine dispute of material fact?" Motion in limine: "Is the evidence prejudicial and outweighed by probative value?" The standard determines what the moving party must prove.Burden of Proof
The burden typically falls on the moving party. If you file a motion to dismiss, you must show why the complaint fails. If you file for summary judgment, you must show there is no dispute of fact. However, once the moving party meets its burden, the opposing party must respond with evidence or argument.Response and Reply Briefs
The non-moving party files a response brief (or opposition) within the required time. The moving party may then file a reply brief. Judges read these briefs and decide the motion. Oral argument is sometimes allowed.Effect of Rulings
If a motion to dismiss is granted, the case is dismissed (possibly with leave to amend). If a motion for summary judgment is granted, judgment is entered for the moving party. If a motion is denied, the case proceeds. Motions shape the course of litigation.Real-World Example
Defendant files a motion to dismiss arguing that the complaint fails to state a claim for breach of contract because it does not allege that Defendant agreed to any specific obligation. Plaintiff files a response citing the contract and alleging specific obligations.
The court reviews the complaint and the contract. If the complaint adequately alleges a contract and an obligation, the motion to dismiss is likely denied, and the case proceeds. If the complaint is conclusory and does not plausibly allege an enforceable obligation, the motion is granted, and the complaint is dismissed.
This is why many businesses adopt automated deadline tracking to ensure no critical dates are missed before they pass.
Sample Clause Language
Dispute Resolution - Motion RequirementsWatch Out For
Missing filing deadlines for motions
Motions have strict deadlines. If you miss the deadline to respond to a motion, the court may grant it by default. Missing a deadline to file a motion can waive your right to challenge the opposing party's claims.Filing motions without legal or factual support
Frivolous motions (filed without reasonable legal or factual basis) can subject you to sanctions. Courts are skeptical of multiple motions on the same issue. File thoughtfully and completely.Assuming a motion hearing means you will be heard
Not all motions receive a hearing. Many are decided on written briefs. Even if a hearing is held, you may be limited in what you can say. Prepare carefully; assume you will not get a second chance to explain your position.Don't let motion deadlines catch you off guard
Key dates tied to motions - renewal windows, expiry cutoffs, notice periods - can easily slip through the cracks when tracked manually. Missing them triggers automatic extensions, penalties, or lost rights. ExpiryEdge tracks every critical deadline and sends automated reminders before they're due - so nothing slips.
Instead of relying on spreadsheets or manual follow-ups, a centralized renewal reminder system ensures every deadline is visible, tracked, and actioned automatically.
How to Use This in Your Favor
Use motion to dismiss to challenge weak claims early
If the complaint does not allege sufficient facts to state a claim, move to dismiss. This can end the case before discovery costs mount. Even if denied, a motion to dismiss educates the judge about your defense.File motion for summary judgment if you have strong evidence
If you have clear evidence on your side and the opposing party has no genuine dispute of fact, move for summary judgment. This avoids a jury trial and can result in swift victory.Related Terms
Frequently Asked Questions
How long do I have to respond to a motion?
Federal Rules typically allow 14 days to respond, but local rules vary. Check your court's local rules and the notice of motion. Missing the deadline is serious and can result in waiver of your defenses.
If my motion to dismiss is denied, can I appeal?
Usually not immediately. You must complete the case and then appeal at the end. However, some interlocutory appeals are allowed. Ask your attorney whether an early appeal is possible in your jurisdiction.