Also known as: moving parties · movant · movants
Written by attorneys · grounded in primary & secondary sources — see below
A litigant who files a motion requesting judicial action in a pending case. The moving party must satisfy any procedural prerequisites attached to the particular motion, such as good-faith conferral or supporting affidavits.
Miranda Morales served written discovery on Madison Meyers but received no responses. After two unsuccessful phone calls attempting to resolve the impasse, Miranda filed a motion asking the court to order production. The motion included a certification detailing those calls and explaining why further efforts would be futile.
After a government witness finished direct examination, Musa Mensah moved the court to order production of the witness's prior statement. The court reviewed the motion and directed the prosecutor to deliver the statement for Mensah's use in cross-examination.
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Monica Morgan filed for dissolution and simultaneously moved for a temporary order restraining her spouse from selling marital assets outside ordinary business needs. The motion was supported by an affidavit describing the planned sale and requested notice of any extraordinary expenditures.
At the close of the plaintiff's case, Metro Bank moved for judgment as a matter of law. The motion identified the specific elements lacking evidentiary support and asked the court to enter judgment before the case reached the jury.
After the court inspected a witness statement in camera, Miles Montgomery renewed his motion. Because the entire statement related to the testimony, the court ordered the government to deliver the complete document to Montgomery.
Magnolia Foods moved for summary judgment on the contract claim. The motion identified the claim at issue and attached materials showing no genuine dispute of material fact existed.
The moving party must certify that it has in good faith conferred or attempted to confer with the opposing party in an effort to obtain the disclosure or discovery without court action.
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After a witness other than the defendant has testified on direct examination, the party who did not call the witness may move for production of any related statement in the possession of the government or the defendant.
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The moving party may request a temporary injunction restraining transfers of property outside the usual course of business or for necessities of life and requiring notice of extraordinary expenditures.
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The motion must specify the judgment sought and the law and facts that entitle the movant to that judgment.
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The court must order that the statement be delivered to the moving party for examination and use.
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The moving party must show there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.
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…708; and in Hartsfield v. Sloan , 357 U. S. 916, denying mandamus sought to compel the convening of a three-judge court movants urged the Court to advance consideration of their case, "Inasmuch as the mere lapse of time before this case can be reached in the normal course of . . . business may defeat the cause, and…