Motions practice is as critical to a legal practitioner as is the ability to draft legal pleadings and prepare for trial. At its simplest, a motion addresses a specific issue and clarifies it for trial. There are several different types of motions, including those directed at specific evidence and motions that seek to dismiss the entire case. We will address all of these motions in this chapter.

After reading this chapter, you will be able to:

Describe how a motion is prepared.

Define how a motion is served on opposing parties.

Compare and contrast a notice of motion with a certificate of service.

Explain the role of the judge in granting or denying motions.

Describe the function of a motion for summary judgment.

Explain the significance of a motion for a more definite statement.

Describe the significance of a judgment on the pleadings.

Define the role of a 12(b)(6) motion.

Explain how attorneys use motions to clarify the issues in a civil case.