What Does ‘Motion’ Mean in Court? A Complete Legal Guide

What does motion mean in court? Many injury victims hear this word often, but it is rarely explained clearly.

If you are involved in a civil lawsuit or personal injury case in Maryland, Virginia, or Washington, D.C., it is important to understand what a motion is and how it can affect your case.

Motions are more than just paperwork, they are important legal tools that can influence the outcome of your lawsuit from beginning to end.

Whether you are dealing with pre trial procedures or navigating what happens once trial begins, understanding motions gives you a real advantage.

This guide will explain everything you need to know.

What Is A Motion?

In court, a motion is a formal request made by one of the parties asking the judge to decide an issue in the case, or to take a specific action, or refrain from taking one.

A motion is not the same as a pleading, they are two different things. The most common pre trial motions are discovery motions and dispositive motions, which can end the case.

Examples include motions to dismiss or motions for summary judgment. Dispositive motions can resolve all or part of a case. A discovery motion is used to get more information from the other parties.

What Is a Motion to Dismiss?

A motion to dismiss is a formal request asking the court to end the case or dismiss the civil lawsuit entirely.

The moving party filing this motion believes there are no important facts in dispute and that they should win based on the legal arguments presented. If the court agrees, the case may end before trial begins.

Another type of dispositive motion is a summary judgment motion. Filed before trial, this motion asks the judge to decide the case because there are no disputed facts and the law clearly supports one side.

When Are Motions Filed?

Motions may be filed at various points during a lawsuit.

Before trial: In personal injury cases, pre trial motions are the most common. These are filed before the case reaches a jury. They help resolve legal issues early, define what the case will cover, and sometimes even end the entire case without going to trial.

During trial: Some motions are filed while the trial is in progress. For example, after the plaintiff presents their case, the defense might ask for a directed verdict, claiming that no reasonable jury could decide in the plaintiff’s favor.

After trial: Post-trial motions ask the court to review or change a verdict. These motions are less common, but they can be important if someone believes a mistake happened during the trial. In some cases, one party may even request a new trial based on errors in the proceedings.

The Most Common Types of Legal Motions in Personal Injury Cases

Knowing what common motions you might encounter in your case can make the process less stressful. Here are the key ones to be aware of.

1. Motion to Dismiss

The defense usually files this motion early in the case. It asks the judge to dismiss the lawsuit, arguing that the plaintiff lacks a valid legal basis to continue.

Common reasons a court issues a ruling on this motion include:

• The statute of limitations has expired: In Maryland, you have three years from the date of the accident to file most personal injury claims. In Virginia, you have two years. Missing these deadlines gives the opposing party strong grounds to seek dismissal.
• Lack of jurisdiction: The case was filed in the wrong court.
• Failure to state a valid claim: Even taking everything the plaintiff says as true, there is no legal claim that can be pursued.

If the motion is granted, the case may be dismissed entirely. In some situations, however, the plaintiff may be allowed to correct and refile their pleadings.

2. Motion for Summary Judgment

A motion for summary judgment asks the court to decide some or all of the case without a trial.

The moving party must prove two things:

• There is no genuine issue of material fact that can be reasonably disputed between the parties.
• Based on those undisputed facts, the law clearly favors their side.

Either the plaintiff or the defendant can file this motion. If the judge grants it, the entire case is decided without a jury trial, which can save significant time and money.

The opposing party always has the right to submit a written response before the court makes a ruling.

3. Motion to Compel Discovery

During discovery, both sides collect and share evidence such as medical records, accident reports, witness statements, photographs, and more.

If one party refuses to cooperate with lawful discovery requests, the opposing party can file a motion to compel, asking the court to order the non-compliant party to hand over the documents and information requested.

For example, in a car accident case, if an insurance company will not disclose information or provide internal documents that could show bad faith, a motion to compel forces them to respond. This is one of the most important tools for ensuring supporting evidence is not withheld before trial begins.

4. Motion in Limine

A motion in limine is a pre trial request asking the judge to keep certain evidence out of the trial.

An attorney might file this motion to exclude:

• A prior, unrelated injury that has nothing to do with the current accident
• Evidence obtained improperly
• Testimony from a witness who is not qualified to give an expert opinion

This type of motion is especially important in catastrophic injury cases where insurance companies may try to introduce misleading information to reduce the value of your claim.

Strong legal arguments in a motion in limine can make a significant difference in what a jury ultimately decides.

5. Motion for Default Judgment

If the defendant does not respond to a complaint by the court‘s deadline, the plaintiff’s attorney can file a motion for default judgment.

This motion asks the court to automatically rule in favor of the plaintiff because the defendant did not appear to defend themselves.

If granted, the court decides in favor of the plaintiff and determines the compensation amount, often with no dispute from the defendant.

6. Motion for a Continuance

A motion for a continuance is a request to delay a court date or extend a deadline.

You might need sufficient time for this if a key witness cannot attend, if more time is needed to prepare written submissions, or if new evidence surfaces that needs to be reviewed.

Even though it might seem like a small detail, timing can have a big impact on a personal injury case.

A good attorney will know when it makes sense to file this motion and when it is not necessary for a favorable outcome.

7. Motion for Directed Verdict

A motion for directed verdict, sometimes called a motion for judgment as a matter of law under the federal rules, is usually filed during trial.

The defense typically makes this request after the plaintiff has finished presenting their case, arguing that based on the evidence presented, no reasonable jury could rule in the plaintiff’s favor.

If the judge agrees, the court issues a ruling ending the case in favor of the defendant, without the jury ever deciding.

The Difference Between Dispositive and Non-Dispositive Motions

Understanding the two main types of pre trial motions helps you follow your case more easily.

• Dispositive motions can end all or part of a case before it goes to trial. The most common examples are motions to dismiss and motions for summary judgment. These involve significant legal arguments and supporting evidence on both sides.
• Non-dispositive motions handle specific legal issues in a case without ending it. They manage what evidence is allowed, how the lawsuit moves forward, and other procedural matters.

Examples include motions to compel, motions in limine, and motions for continuance.

Both types are important. A skilled personal injury attorney knows when and how to use various motions strategically to achieve a favorable outcome for your case.

What Happens After a Motion Is Filed?

Here is what usually happens after a motion is filed:

1. The motion is filed with the court by one party.
2. The other parties receive a copy and usually have about 21 days to submit a written response.
3. Both parties can submit written submissions, also called briefs, to explain their positions and legal arguments.
4. Sometimes, the court schedules a motion hearing where attorneys briefly present their oral arguments to the judge.
5. The judge makes a ruling, either at the motion hearing or later in a court order.

Most motions are decided based only on written submissions, without oral arguments. This is why your attorney‘s written work and supporting evidence are so critical at every stage.

Frequently Asked Questions

1. What does the term “motion” mean in a personal injury case?

A motion is a formal request asking a judge to make a specific ruling or take a specific action in your case.

In personal injury cases, motions are used to resolve legal issues, manage evidence, and sometimes end the case before it ever reaches trial.

They can be filed by either the plaintiff or the defendant at virtually any stage of the civil lawsuit.

2. What are the most common pre trial motions in a personal injury case?

The most common pre trial motions in personal injury cases are the motion to dismiss and the motion for summary judgment.

The motion to dismiss asks the court to end the civil lawsuit entirely, while the motion for summary judgment asks the judge to decide the case without a trial because there is no genuine issue of material fact in dispute.

3. Can a motion end my personal injury case before trial?

Yes. Dispositive motions, such as a motion to dismiss or a motion for summary judgment, can resolve the entire case before it reaches a jury.

This can happen in your favor or against you, which is why having an experienced attorney who knows how to file and respond to these motions is essential.

4. How long does a judge take to rule on a motion?

It depends on the court and the complexity of the motion. Some rulings are issued at the motion hearing itself, while others may take weeks or even months.

Your attorney will keep you informed of any rulings and their impact on your case.

5. Does every personal injury case involve motions?

Not every case involves contested motions, but most personal injury lawsuits involve at least some type of motion at some point, particularly during discovery.

Cases that proceed to litigation are far more likely to involve significant filing motions than cases resolved through early settlement.

6. How can Malloy Law help me understand the motions in my case?

At Malloy Law Offices, our attorneys explain every step of the legal process in plain language, including what motions mean, why they are being filed, and how they affect your case.

Need free legal help? Contact us today at (888) 607-8690 for a free consultation.

How Malloy Law Offices Handles Motions in Personal Injury Cases

What does motion mean in court, and more importantly, what does it mean for your case?

That is exactly the question our attorneys at Malloy Law Offices, LLC are here to answer.

We handle cases involving car accidents, catastrophic injuries, workers’ compensation, wrongful death, and much more.

Our team knows how to use various motions strategically, from filing motions to compel discovery to defending against a motion to dismiss, to pursue the best possible ruling for our clients.

If you are involved in a personal injury case and have questions about court procedures, do not wait. The sooner you have an experienced attorney on your side, the better positioned you will be at every stage of the proceeding.

Call us today at (888) 607-8690 or contact us online for a free consultation.

Wondering what does motion mean in court? Learn the most common types in personal injury cases and how Malloy Law fights for your rights in Maryland and DC.