A primer on court motions

When a party wants the court to do something, the party files a motion asking for what that party wants to happen. The motion should make a clear request to the court and then should provide the factual and legal reasons why the court should grant that request. When a motion is filed, the non-moving party has an opportunity to oppose the motion. The opposition should also present the relevant facts and law the judge should consider in making the determination. The moving party may then submit a reply to this opposition. Once all of this occurs, the motion is “fully briefed.” The parties then appear before the judge to discuss the motion. The judge may ask questions or seek clarification. Once all of this is done, the court will make a decision by issuing an order. The court may make a decision there in court or it may take the briefs and discussion under advisement and issue a ruling after taking some additional time to consider the issues raised.