Question

Motion practice is not a critical part of the litigation process. true or false

Answer 1

Answer: False

Explanation:

When you become involved in a lawsuit, you may want the court to agree to something outside of the normal litigation process. For example, you or your opponent may want the court to drop the case (motion to dismiss) or to decide the winner without having to undergo a full trial (motion for summary judgment). To take advantage of these opportunities during the litigation process, you’ll have to file a motion with the court.

A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction. There are a variety of motions, and it has become standard practice to file certain kinds of motions with the court based on the type of case. For example, in the state of California, the defendant in a defamation lawsuit will usually file an anti-SLAPP motion to dismiss. If the court accepts the motion (which has lower standards for the defendant), the plaintiff will not be allowed to proceed with his or her case.

Motions are strategically important to litigation, and it is especially important to keep track of what motions are available to you -- the court will not file a motion for you if you fail to do so.

Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.

In Hawaii, for example, the Rules of Civil Procedure list the following motion requirements: a citation to a rule or statute that authorizes the motion, a memorandum in support of the motion, the attachment of all necessary affidavits and exhibits, a specific request for relief, certification of service, and various declarations.