How to Write a Motion for Court

If an lawyer conducts any type of civil or prison litigation in U.S. courts, they are going to be coping with motions filed in court docket. Whereas arguing the motions earlier than the decide could also be extra dramatic and made-for-TV, the precise writing of the motions is probably going extra essential. Because of this the flexibility to jot down a movement for court docket is central to a litigator’s potential for skilled success–particularly for mid-sized or smaller corporations with out the huge sources of Massive Regulation.

Right here we discover the important features of writing court docket motions, together with analysis, evaluation, drafting, and submitting. We additionally contact on how expertise could be leveraged to assist create efficient motions with much less time and aggravation.

Understanding court docket motions 

A court docket movement is filed when one celebration to a litigation matter needs the decide to take a selected motion within the case. Extra particularly, a movement is a proper request for a desired ruling, order, or judgment, with the celebration making the movement generally known as the “movant.” The court docket will typically think about the written movement, together with the opposite celebration’s opposition papers and probably the movant’s reply papers, earlier than listening to oral argument on the movement and making a closing determination.

There are quite a few sorts of motions for all of the totally different actions a celebration would possibly search from the court docket. A movement to dismiss can search to have a case dismissed on the pleading stage, whereas a movement for abstract judgment can search the identical consequence after discovery has been carried out. The plaintiff can file a movement for entry of default judgment if the defendant fails to answer their criticism. Because the trial approaches, each events will seemingly file motions in limine previous to trial to exclude sure sorts of proof or arguments at trial. 

The sorts of motions a typical lawyer offers with will fluctuate extensively with differing sorts of instances, factual situations, and the conduct of opposing counsel. Any lawyer that wishes constant success will seemingly be submitting quite a few motions to hunt the higher hand of their instances, if not outright victory.

Getting ready your movement 

Getting ready the movement will first require authorized analysis to seek out the premise for the motion you’re in search of from the court docket. Many instances, this analysis could be the overall authorized foundation for elementary factors of regulation, which could be reused for related sorts of motions. Nonetheless, you’ll nonetheless want to seek out the newest and strongest instances to help your argument, and plenty of novel functions of regulation and information would require further analysis.

Movement preparation may also typically require you to assemble factual proof supporting the movement. This proof could also be within the type of data gathered throughout discovery, corresponding to written discovery responses or deposition testimony. It could additionally are available in different varieties, corresponding to proof of the opposing counsel’s discovery misconduct which requires you to file a movement to compel or different discovery-related movement. Affidavits or declarations out of your consumer or different witnesses may be essential.

The movement should be structured successfully, which requires understanding the authorized movement format for the jurisdiction the place your case is filed. Then you could think about the arguments you’ll make and the authorized factors you have to to cowl.

Writing your movement 

The primary important of any authorized movement is making a persuasive argument to the court docket. This typically means making the argument as easy and easy as doable, as a convoluted argument can be much less persuasive and extra complicated. If doable, bounce your arguments off your colleagues and even pleasant friends or mentors outdoors the agency (whereas sustaining consumer confidentiality, in fact).

The language of the movement ought to be clear and concise. This implies avoiding excessive claims or hyperbole whereas rapidly attending to the meat of your arguments. There’s a time for humor and poetic prose, and that point not often comes when you’re writing a movement. Your goal ought to be to make your argument compelling however not excessive.

Additionally, you should definitely cite to the related instances and statutory regulation that help your arguments. Make certain your case citations are correct. An inaccurate or deceptive case quotation is a large hit to your credibility and will even quantity to an moral violation.

Key parts of a movement 

Begin with an overview of your movement with the intention to lay out your argument in a logical order. This will seemingly be so simple as the headings in your fundamental sections. This can make it simpler to fill within the substance of your arguments, as a result of you may see how every little thing matches into the entire of the movement.

A compelling introduction is a trademark of any efficient movement. Search to put out a abstract of your place, which ought to embrace (1) what your argument is and (2) what you need the court docket to do. The extra concise and easy you may make the introduction, the extra the reader—the decide or their clerk—can be conscious of the extra detailed arguments coming within the physique of the movement.

The center of the movement can be information, supporting proof, and the authorized foundation in your argument. It could even be advisable to handle any apparent arguments you consider the opposing celebration will make. Whereas you do not need to provide opposing counsel concepts for his or her opposition, it may be helpful to indicate the decide you may anticipate the opposite facet’s positions and current appropriate counterarguments.

Overview and enhancing 

You do not need to provide the decide any cause to doubt the deserves of your movement, and this contains any spelling or grammatical errors. Furthermore, your entire movement ought to learn effectively and movement logically from one level to the subsequent. Accordingly, proofread rigorously for errors and double-check readability.

The evaluation and enhancing course of should additionally embrace formatting, which is important for authorized motions. We now have already confused the significance of authorized citations, so we all know you will need to go over these once more within the evaluation course of. Make certain your citations aren’t solely correct however up-to-date. If there’s any battle within the regulation in your level, you should definitely handle this battle as an alternative of gliding over it. 

You probably have the chance to hunt outdoors suggestions, be certain to take action. One other authorized skilled in your workplace can present a contemporary set of eyes which will catch any errors you’ve got missed. 

Finalizing and submitting your movement 

Previous to submitting your movement, you should definitely evaluation court docket guidelines and necessities to make sure your movement is in full compliance. Make sure that service necessities are met as effectively, together with correct service on all acceptable events and any essential certification that this has been accomplished. Normally, you have to to submit a proposed order for the court docket to signal within the occasion your movement is profitable.

Finalization additionally features a evaluation and attachment of all essential supporting paperwork. Any displays should be clearly marked within the format mandated by the court docket and would require affidavits or declarations that establish them.

When it’s time to submit your movement to the court docket, be certain it’s delivered to the court docket in a well timed method. Digital submitting is turning into extra widespread in U.S. state courts, with e-filing being the one type of submitting in federal court docket. Use e-filing to your benefit, since it can save you on messenger charges and be sure your movement is straight away accepted, often with an digital time stamp supplied by the court docket.

Leveraging expertise to create motions

We are able to see that a number of effort and time goes into creating motions, and superb consideration to element is necessary. Sadly, the quick tempo of the modern-day authorized business means authorized professionals could be overwhelmed by movement work, and the potential for errors and oversights is at all times there. That is the place leveraging expertise can ease the burden of movement work for a authorized follow.

Doc automation software program can function the tech resolution for a agency’s movement creation woes. This sort of software program can enable customers to create templates for sure sorts of motions or related paperwork, corresponding to proposed orders, in addition to enter current templates. The software program can then enter variable data, corresponding to celebration names, case numbers, and different data required for case captions and elsewhere within the movement. By automating these administrative duties, authorized professionals have extra time and psychological area to make their motions compelling and persuasive.

You should definitely think about whether or not your agency would profit extra from a stand-alone doc automation device or one that’s a part of a authorized follow administration software program resolution. When your doc automation is dealt with by your follow administration software program, your paperwork could be assembled and managed in a central location. As well as, you’ll save the time and frustration required by switching backwards and forwards between totally different functions.

Authorized doc administration software program corresponding to Clio Handle can simplify the movement creation course of by permitting collaboration, distant entry, and straightforward file searches. When using the Clio Handle integration with Clio Draft, you may unlock much more advantages, corresponding to templates, auto-population of fields, and digital signatures.

Motions are a vital a part of litigation, which implies your follow can’t afford shoddiness on this space. Observe the rules laid out above and implement the precise tech options to make your agency’s movement work top-notch.

We revealed this weblog publish in February 2024. Final up to date: February 20, 2024.

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