Also known as: moves · moved · moving · mover · movers · motion · motions · movant · moving party
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An act of carrying away property that satisfies the asportation element of larceny when the defendant moves all or part of the property however slightly during the taking.
To make an application to a court for a ruling, order, or other judicial action.
Each sense below has its own examples, sources, and questions.
An act of carrying away property that satisfies the asportation element of larceny when the defendant moves all or part of the property however slightly during the taking.
Select any source to read its text and confirm it supports the definition.
To make an application to a court for a ruling, order, or other judicial action.
Select any source to read its text and confirm it supports the definition.
Marcus Mitchell entered a store and slipped a watch into his pocket. He moved the watch several steps toward the exit before security stopped him. The slight movement satisfied the asportation element because Marcus exercised control over the property while carrying it away.
Asportation requires the defendant to move the property however slightly while carrying it away. Merely moving or destroying property without gaining control does not satisfy the taking element.
Supporting sources
Maya Malik filed a complaint without any signature. The defendant moved to strike the document under the signing requirement. The court struck the pleading because no attorney or unrepresented party had signed it as required.
Momentum Capital's board formed a committee that investigated a shareholder demand and concluded the suit was not in the company's best interests. The corporation moved to dismiss the derivative proceeding. The court granted the motion after finding the determination was made in good faith following a reasonable inquiry.
Maria Morales sued a supplier alleging a conspiracy but offered only conclusory labels without supporting facts. The defendant moved to dismiss. The court granted the motion because the remaining factual allegations did not plausibly state a claim.
Mohan Malhotra discovered that one grand juror lacked legal qualification. He moved to dismiss the indictment on that ground. The court denied the motion because the record showed at least twelve qualified jurors had concurred.
During trial Marcus Mitchell's counsel objected when the witness began recounting an out-of-court statement. Counsel moved to strike the testimony to preserve the error. The court sustained the motion after finding the statement was offered for its truth.
A party must timely object or move to strike when evidence is admitted. The motion must state the specific ground unless apparent from context.
Supporting sources
Every written motion must be signed by at least one attorney of record or by an unrepresented party. The court must strike an unsigned paper unless the omission is promptly corrected.
Supporting sources
…cause to be delivered to them respectively their several commissions as justices of the peace in the District of Columbia. This motion was supported by affidavits that notice had been given to Mr. Madison; that Mr. Adams, the late President, nominated the applicants to the Senate; that the Senate advised and consented to…