Guide Motions

[Courts]

INTRODUCTION

A motion is a procedural device that is a formal request made to a Court for a decision on a specific part of a case. A judge will either Sustain (to agree with) or Overrule (to disagree with) a motion. Motions can be made throughout the case until a verdict is delivered.

Nb: Judge is used as a general term and may apply to Magistrates or Justices.

MOTION TYPES

Motion Type	Description
Dismiss	A request to dismiss the case without reviewing all facts or legal arguments. Reasons can include lack of jurisdiction, failure to name necessary parties, failure to state a claim, or frivolous claims. With Prejudice: The case is dismissed permanently, preventing re-filing. Without Prejudice: Always assumed unless stated otherwise, the case is dismissed temporarily, allowing the plaintiff to re-file later if issues are resolved. A filed Motion to Dismiss can only be withdrawn by formally requesting it from the court, with reasons provided. Once ruled on, the decision remains in effect.
Nolle Prosequi	A formal request to the judge to drop legal charges, made by the prosecuting or complaining party.
Compel	A request for the court to order a party to produce requested documents or information, or to sanction them for failing to comply with discovery requests.
Reconsider	A request to reconsider a previous ruling based on a point of law or new evidence. Only one motion to reconsider can be made per decision, with all arguments included in a single submission.
Recuse	A request for a judge to remove themselves from a case due to actual or perceived impartiality or conflict of interest. The motion is decided first by the presiding judge, then the Chief Justice if necessary. Non-exhaustive grounds for recusal: Personal Interest: The judge has a personal stake or interest in the outcome of the case. Relationship with Parties: The judge has a close relationship with one of the parties, their lawyers, or key witnesses. Prior Involvement: The judge has previously worked on the case or has a history with the case’s subject matter. Ex Parte Communications: The judge has had private discussions about the case with one party without the other party present. Bias or Prejudice: The judge has shown bias or prejudice that could affect their impartiality. Previous Rulings or Comments: The judge has made previous rulings or comments suggesting they have pre-judged the case.
Strike	A request to remove something from the court record, usually due to inadmissible evidence or language. This can include redundant, vague, scandalous, immaterial, or impertinent information. Evidence submitted with this motion must be relevant and is at the discretion of the Presiding Officer.
Summary Judgement	A request for the judge to make a decision without trial if there are no disputed facts. It seeks a final ruling on the case based on agreed material facts. Unlike a motion to dismiss, which eliminates the case, a motion for summary judgment allows a legal ruling when facts are not in dispute.

FORMAT

IN THE DISTRICT/FEDERAL/SUPREME COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO SUBJECT

Justification for Motion
​

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

The defence moves that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

1. Reason 1
2. Reason 2

DATED: This first day of January 2022​