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Court Motion

Draft a well-structured court motion. Get templates for motions to compel, quash, set aside default judgment, and other standard civil motions.

Introduction

A court motion is a formal request asking a judge to issue an order directing some act to be done in your favor. Whether you need to force the opposing party to hand over evidence (motion to compel), invalidate improper service of process (motion to quash), or undo a judgment entered when you failed to respond (motion to set aside default judgment), drafting a complete and properly formatted motion is essential. A standard court motion under rules like Federal Rule of Civil Procedure 7 generally includes a Notice of Motion, a Memorandum of Points and Authorities outlining your legal arguments, a Supporting Declaration detailing the facts under oath, a Proposed Order for the judge to sign, and a Certificate of Service proving you sent copies to all parties. Note that if you are specifically looking to dismiss a lawsuit entirely at the outset, you should use a Motion to Dismiss. For other common civil requests, this general court motion structure provides the framework you need to present your requests clearly and legally to the court. DocDraft drafts a properly formatted court motion from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A complete motion usually contains multiple parts: the notice of motion, the memorandum of points and authorities, a supporting declaration, and a proposed order.

  2. 2

    A motion to compel asks the court to force the opposing party to provide discovery responses or evidence they are withholding.

  3. 3

    A motion to quash is often used to challenge improper service of a summons and complaint, arguing the court lacks jurisdiction over you.

  4. 4

    A motion to set aside default judgment asks the court to cancel a judgment entered against you because you failed to answer, usually requiring you to show good cause.

  5. 5

    Federal Rule of Civil Procedure 7 requires that a motion be in writing, state with particularity the grounds for seeking the order, and state the relief sought.

  6. 6

    Every motion you file must be properly served on the opposing party, and you must file a certificate of service to prove it.

  7. 7

    Motion practice details vary by state and by court. The core of a motion is consistent (a written motion stating the grounds and the relief, a supporting memorandum and declaration, a proposed order, and proof of service), but the notice period before the hearing, page limits, and formatting such as numbered pleading paper are set by each state's rules and the local court's rules, so check both before you file.

Key Decisions

Type and Purpose of Motion

Supporting Documents

Hearing and Filing

Customize your Court Motion Template with DocDraft

[COURT NAME AND JUDICIAL DISTRICT]

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

NOTICE OF MOTION AND MOTION [TYPE OF MOTION]

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on [DATE] at [TIME], or as soon thereafter as the matter may be heard in [DEPARTMENT/COURTROOM] of the above-entitled court, located at [COURT ADDRESS], [PARTY NAME] will and hereby does move the Court for an order [STATE RELIEF REQUESTED].

This motion is made pursuant to [CITE APPLICABLE RULE/STATUTE] on the grounds that [STATE GROUNDS FOR MOTION].

The motion is based on this Notice of Motion, the attached Memorandum of Points and Authorities, the Declaration of [NAME], the pleadings and papers on file herein, and upon such other matters as may be presented to the Court at the time of the hearing.

Dated: [DATE] [SIGNATURE] [PARTY NAME], [Pro Se]

MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION [Brief summary of the case and what you are asking the court to do.]

II. FACTUAL BACKGROUND [State the relevant facts. Reference your declaration for evidentiary support.]

III. LEGAL ARGUMENT [Cite the rules or laws that apply. Explain how the law applied to your facts means the court should grant your motion.]

IV. CONCLUSION For the foregoing reasons, [PARTY NAME] respectfully requests that the Court grant this motion and issue an order [STATE RELIEF REQUESTED].

Dated: [DATE] [SIGNATURE]

DECLARATION OF [NAME] IN SUPPORT OF MOTION I, [NAME], declare:

  1. I am the [Plaintiff/Defendant] in this action. I have personal knowledge of the facts stated herein.
  2. [State facts clearly and numbered]. I declare under penalty of perjury under the laws of the [State/United States] that the foregoing is true and correct. Executed on [DATE], at [CITY, STATE]. [SIGNATURE]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this Motion and all supporting documents on [OPPOSING PARTY/ATTORNEY] at [ADDRESS] by [mail / electronic service / hand delivery]. [SIGNATURE]

Frequently Asked Questions

A court motion is a written request filed with the court asking the judge to make a ruling or issue an order on a specific issue in a case.

A Motion to Dismiss is a specific type of motion filed early in a case asking the court to throw out a lawsuit for legal deficiencies. This page covers the general structure for other common motions like motions to compel or motions to set aside a judgment.

The memorandum contains your legal arguments. It explains the facts, cites the applicable laws or rules, and applies those rules to your situation to show why the judge should grant your request.

A declaration is a written statement of facts signed under penalty of perjury. Because a motion itself is just an argument, the declaration provides the actual evidence or facts the judge relies on.

Yes. Most courts require you to submit a proposed order with your motion. This is the document the judge will actually sign if they agree with your request.

During the discovery phase, if the other side refuses to answer interrogatories or provide requested documents, you file a motion to compel to ask the judge to order them to comply.

A motion to quash is typically used to challenge a subpoena that is overly broad or asks for privileged information, or to challenge the service of a summons if you were not properly served.

If a judgment was entered against you because you missed a deadline, you can file a motion to set aside the default judgment. You usually must show a valid excuse (like mistake, surprise, or excusable neglect) and that you have a valid defense to the case.

The structure of a motion is broadly the same everywhere. In federal court, Rule 7 of the Federal Rules of Civil Procedure requires the motion to be in writing, state the grounds with particularity, and state the relief sought, and most states follow a closely related rule. What changes from state to state, and often from court to court, is the procedure around the motion: how many days of notice you must give before a hearing, any page or word limit on the memorandum, whether a proposed order must be submitted, and formatting such as numbered pleading paper. Check your state's rules of civil procedure and your local court's rules for those details.