motion

In parliamentary law, the formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting. An application made to a court or judge for purpose of obtaining a rule or order directing some act to be done in favor of the applicant. State v. James, Mo., 347 S.W.2d 211, 216.

It is usually made within the framework of an existing action or proceeding and is ordinarily made on notice, but some motions may be made without notice. One without notice is called an ex parte motion. Written or oral application to court for ruling or order, made before (e.g. motion to dismiss) during (e.g. motion for directed verdict), or after (e.g. motion for new trial) trial. For requisite form of motions, see Fed.R.Civil P. 7(b).

See also speaking motion

@ motion for judgment notwithstanding verdict

A motion that judgment be entered in accordance with the movant's earlier motion for a directed verdict and notwithstanding the contrary verdict actually returned by the jury. Huff v. Thornton, 287 N.C. 1, 213 S.E.2d 198, 204.

See Fed.R.Civil P. 50(b).

See non obstante veredicto

@ motion for judgment on pleadings

Under Fed.R.Civil P. 12(c) any party may move after the pleadings are closed for judgment thereon. It is a device for disposing of cases when the material facts are not in dispute and only questions of law remain.

See also summary judgment

@ motion for more definite statement

If a pleading is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, such party may move for a more definite statement. Fed.R.Civil P. 12(e)

@ motion for new trial

A request that the judge set aside the judgment or verdict and order a new trial on the basis that the trial was improper or unfair due to specified prejudicial errors that occurred, because of newly discovered evidence, etc. Fed.R.Civil P. 59; Fed. R.Crim.P. 33.

See also plain error rule

@ motion in arrest of judgment

See arrest of judgment

@ motion in bar

One which, if allowed, will absolutely bar the action; e.g. plea of double jeopardy. U. S. v. Jorn, 400 U.S. 470, 91 S.Ct. 547, 27 L.Ed.2d 543

@ motion in limine

A pretrial motion requesting court to prohibit opposing counsel from referring to or offering evidence on matters so highly prejudicial to moving party that curative instructions cannot prevent predispositional effect on jury. Messier v. Simmons Gun Specialties, Inc., Okl., 687 P.2d 121, 127.

Purpose of such motion is to avoid injection into trial of matters which are irrelevant, inadmissible and prejudicial and granting of motion is not a ruling on evidence and, where properly drawn, granting of motion cannot be error. Redding v. Ferguson, Tex.Civ.App., 501 S.W.2d 717, 724.

See also motion to suppress

- suppression hearing

@ motion to dismiss

A motion requesting that a complaint be dismissed because it does not state a claim for which the law provides a remedy, or is in some other way legally insufficient. One which is generally interposed before trial to attack the action on the basis of insufficiency of the pleading, of process, venue, joinder, etc. Fed.R.Civil P. 12(b).

See also demurrer

@ motion to strike

On motion of either party, the court may order stricken from any pleading any insufficient defense, or any redundant, immaterial, impertinent or scandalous matter. Fed.R.Civil P. 12(f)

@ motion to suppress

Device used to eliminate from the trial of a criminal case evidence which has been secured illegally, generally in violation of the Fourth Amendment (search and seizure), the Fifth Amendment (privilege against self incrimination), or the Sixth Amendment (right to assistance of counsel, right of confrontation etc.), of U.S. Constitution.

See Fed.R.Crim.P. 12(b) and 41(f); also motion in limine

- suppression hearing

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