Documents for Filing a Motion

In the context of litigation, a motion is an application or a request that a party makes to the court before which a case is pending.  Many motions deal with issues that arise during discovery, and some motions also seek to dispose of the lawsuit without having the case heard before a jury.  It is important that litigants understand the necessary documents for filing a motion so that they have the best chance at winning their motion in court.

Notice of Motion

One of the most important documents for filing a motion is the notice of motion.  This document states when and where a motion will be made, and sometimes includes useful information, such as when opposition papers are due for the motion.  The motion includes the “return date,” which is when the motion will be considered fully submitted before a court.  The parties use this date to calculate when the parties against whom the motion is made can submit opposition papers and when the party making the motion can submit reply papers.  It is important that parties list the correct location and courtroom to which the motion is returnable so that the motion does not get rejected on this basis.

Attorney Affirmation

Another one of the common documents for filing a motion is the attorney affirmation.  The attorney affirmation usually includes the history of the litigation, and any issues about the case of which the court should be aware.  The attorney affirmation also states that exhibits (more below) attached to the affirmation are accurate and genuine copies of the materials in the possession of the attorney.  Sometimes, the attorney affirmation also includes legal arguments, but lawyers often wish to include a separate brief (more below) independently listing their legal arguments so that this document can be more easily reviewed by the court.

Exhibits

Perhaps the most important documents for filing a motion are the exhibits upon which a party will rely when making a request before a court.  Exhibits can be a variety of documents, including deposition transcripts, affidavits, contracts, photographs, text messages, and any other evidence that can be used to support a party’s request from a court.  Normally, exhibits need to be materials that can be reduced to paper form, so for instance, it is ordinarily best to print out still photographs from surveillance footage and memorialize conversations in audio files so that the evidence can be used to support a motion.  Exhibits are usually documents that the party has in his or her possession or materials produced during discovery, and it normally pays to be overinclusive with exhibits in case they are relevant for an appeal.  An experienced attorney should understand which exhibits would be most effective when making a motion.

Briefs

A brief (also sometimes known as a memorandum of law) is another one of the important documents for filing a motion.  A brief generally lays out a party’s arguments for the motion and includes the facts and law a party believes are relevant to deciding the motion.  A brief usually includes an introduction, and then recites the procedural history of a case and facts that are relevant to deciding the motion.  Then, the brief lays out a party’s arguments, and this section often includes a number of subparts for each argument so that the party can most comprehensively convey their opinion.  Finally, the brief concludes with a short summary of all of the party’s arguments.  There is an “art” to writing a brief that conveys points in the best way possible to ensure that the arguments are easily reviewed by the court, and parties should hire an experienced litigation lawyer that can effectively draft a motion brief.

Proof of Service

In many jurisdictions, a proof of service is another one of the necessary documents for filing a motion.  A proof of service basically just conveys that a party served the motion papers on other parties to the case and relates when and how the service was made.  It is important to file this document with a motion so that the court knows that the other parties to the case have received all of the necessary papers, which will put the burden on those parties to file opposition papers to oppose the motion should they wish to do so.

Courtesy Copies

It is important to mention when discussing documents for filing a motion that courtesy copies may be required in certain instances.  Even if motions can be filed electronically through an online filing system, many judges still require that motion papers be submitted to them in hard copy.  Sometimes, courtesy copies are sent to the judge’s chambers, and at other times, they can be submitted at other parts of the court.  A judge’s individual practices and other rules can be consulted to find out when and how courtesy copies should be submitted, and parties oftentimes need to attach the filing receipt they receive after filing documents electronically to the paper documents that they submit.

The Rothman Law Firm is experienced with all types of litigation matters and we have filed and opposed a variety of different kinds of motions.  If you are looking for an experienced New York and New Jersey attorney to handle a motion or other legal issue, please feel free to contact The Rothman Law Firm to request a free legal consultation.