Also known as: motions · application · request for order
Written by attorneys · grounded in primary & secondary sources — see below
A written or oral application requesting a court to make a specified ruling or order. The application must satisfy formal requirements such as proper signature and content to avoid being stricken.
Monica Morgan files a motion for summary judgment in federal court but omits her signature and contact information. The opposing party notifies her of the defect. The court strikes the motion because it lacks the required signature and details.
Meredith Maxwell moves to exclude an expert's testimony on product defects. The expert's opinion applies principles reliably to the case facts. The court denies the motion after confirming the opinion meets the reliability standard.
Mustafa Mahmoud moves to withdraw from representing a client after learning of planned fraudulent conduct. The lawyer refuses to assist the fraud. The court denies the motion because the lawyer may still discuss legal consequences without assisting the crime.
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Musa Mensah moves to dismiss a complaint containing only conclusory allegations of breach. The remaining facts fail to make the claim plausible. The court grants the motion because the allegations do not support entitlement to relief.
Madison Meyers moves for priority determination in a new debtor's collateral. The security interest was perfected only by an ineffective financing statement. The court subordinates the interest to one perfected by other means.
Mina Mehta moves for a variance from bulk restrictions on her property. Strict compliance would cause unnecessary hardship. The court grants the motion after confirming the standards under local ordinance are met.
A motion must be signed by at least one attorney of record or by an unrepresented party and must include the signer's address, email address, and telephone number. The court strikes an unsigned paper unless the omission is promptly corrected.
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Courts disregard conclusory allegations and determine whether the remaining well-pleaded facts plausibly give rise to relief. Plaintiffs must allege facts making the claim plausible rather than merely possible.
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A lawyer may not assist a client in known criminal or fraudulent conduct but may discuss legal consequences and help determine the validity or application of the law. Withdrawal is permitted when continued representation would require prohibited assistance.
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…on the railroad right of way if he is hit by some object projecting from the side of the train." The Erie had contended that application of the Pennsylvania rule was required, among other things, by § 34 of the Federal Judiciary Act of September 24, 1789, c. 20, 28 U.S.C. § 725, which provides: "The laws of the several…