Do I need a lawyer to file a motion?

You are not required to have an attorney to file a motion — individuals may represent themselves (pro se). However, legal motions involve procedural rules, legal standards, and citation of case law that can be complex. For significant motions (especially dispositive motions like motions to dismiss or summary judgment), consulting with an attorney is strongly recommended, even if just for a review.

How long does it take for a court to rule on a motion?

It depends on the court's caseload, the type of motion, and the jurisdiction. Simple procedural motions (continuances) may be ruled on within days. More complex dispositive motions (summary judgment) may take several months. Courts often schedule oral argument on significant motions, which adds additional time.

What is a proposed order and why do I need one?

A proposed order is a draft of the court order you want the judge to sign if the motion is granted. Many courts require parties to submit a proposed order with every motion. Even when not required, submitting a proposed order makes it easier for the judge to grant the relief you are requesting and ensures the order says exactly what you intend.

Free Court Motion Template — Fill Out & Download Instantly

Free — No Sign-Up RequiredPDF & WordUpdated April 19, 2026

⚠️ Legal Disclaimer: This template is attorney-reviewed and built to US legal standards. It does not substitute for professional legal advice. For complex situations, we recommend consulting a licensed attorney.

Document Completeness0%

State*

Court Name*

Case Number*

Case Caption*

The full case caption as styled in court records

Plaintiff(s)*

Defendant(s)*

Motion Type*

Moving Party*

Counsel Name (or Pro Se Party Name)*

Bar Number

Leave blank if filing pro se (self-represented)

Counsel / Party Address*

Counsel / Party Phone*

Grounds for Motion (Factual Background)*

Describe the factual and procedural background that gives rise to this motion

Legal Argument and Authority*

State the legal standards and authorities supporting your requested relief

Relief Requested*

Proposed Order (Optional)

Some courts require a proposed order to be submitted with the motion

Filing Date*

MM/DD/YYYY

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[Court Name]

State of [State]

Case No. [Case Number]

[Plaintiff(s)],

Plaintiff(s),

vs.

[Defendant(s)],

Defendant(s).

[Moving Party]'s [Motion Type]

[Moving Party], by and through undersigned counsel, hereby moves this Court for relief as follows:

I. INTRODUCTION

This motion is brought pursuant to the applicable rules of civil procedure of the State of [State] and the local rules of [Court Name]. [Moving Party] respectfully requests that this Court grant the following relief: [Relief Requested]

II. BACKGROUND

[Grounds for Motion (Factual Background)]

III. LEGAL ARGUMENT

[Legal Argument and Authority]

IV. CONCLUSION

For the foregoing reasons, [Moving Party] respectfully requests that this Court grant this [Motion Type] and provide the following specific relief:

[Relief Requested]

Respectfully submitted,

[Filing Date]

_________________________________________

[Counsel Name (or Pro Se Party Name)]

[Counsel / Party Address]

[Counsel / Party Phone]

Attorney for [Moving Party]

CERTIFICATE OF SERVICE

I hereby certify that on [Filing Date], a true and correct copy of the foregoing [Motion Type] was served on all counsel of record via [method of service] in accordance with the applicable rules of civil procedure.

_________________________________________

[Counsel Name (or Pro Se Party Name)]

Document Completeness0%

State*

Court Name*

Case Number*

Case Caption*

The full case caption as styled in court records

Plaintiff(s)*

Defendant(s)*

Motion Type*

Moving Party*

Counsel Name (or Pro Se Party Name)*

Bar Number

Leave blank if filing pro se (self-represented)

Counsel / Party Address*

Counsel / Party Phone*

Grounds for Motion (Factual Background)*

Describe the factual and procedural background that gives rise to this motion

Legal Argument and Authority*

State the legal standards and authorities supporting your requested relief

Relief Requested*

Proposed Order (Optional)

Some courts require a proposed order to be submitted with the motion

Filing Date*

MM/DD/YYYY

What Is a Court Motion?

A court motion is a formal written request asking a court to rule on a specific legal issue or take a particular action in a pending case. Motions are used to request dismissal of a claim, seek summary judgment, request additional time (continuance), suppress evidence, compel discovery responses, or obtain other specific relief. Each motion must identify the case, state the legal grounds for the requested relief, cite supporting legal authority, and state clearly what relief is being requested.

When Do You Need It?

File a court motion whenever you need the court to take a specific action in your case outside of the final trial or hearing. Common situations include: requesting more time to respond to a complaint (motion for continuance), asking the court to dismiss claims that lack legal basis (motion to dismiss), seeking a ruling before trial when there are no disputed facts (motion for summary judgment), requesting that improperly obtained evidence be excluded (motion to suppress), or compelling the opposing party to respond to discovery (motion to compel). Always check local court rules for specific formatting, page length, and filing requirements..

What's Included in This Template

Court name and case caption
Case number, plaintiff, and defendant
Motion type and moving party
Counsel name, bar number, and contact information
Grounds for the motion
Legal argument and authority
Relief requested
Proposed order (optional)
Filing date and signature block

How to Fill It Out

Identify the Court and Case — Enter the state, court name, and case number exactly as they appear on the court's case file. Enter the full case caption (Plaintiff v. Defendant) as styled in the court's records.

Select the Motion Type and Moving Party — Select the type of motion you are filing and indicate whether the plaintiff or defendant is bringing the motion. Some motions (like motions to compel) may be brought by either party.

Enter Attorney Information — Provide the filing attorney's name, bar number, office address, and phone number. Pro se (self-represented) litigants should enter their own name and contact information in this section.

State the Grounds for the Motion — Briefly and clearly explain the factual and procedural basis for the motion. State what happened in the case that gives rise to this request.

Write the Legal Argument — Set out the legal authority supporting the motion. Cite applicable statutes, rules, and case law. Explain how the law supports the relief you are requesting.

Request Specific Relief — State precisely what you are asking the court to do. Be specific — 'Plaintiff respectfully requests that the Court dismiss Count II of the Complaint with prejudice.'

Legal Requirements & Notes

Court motions are formal legal documents that must comply with specific procedural rules. Key considerations:

Local court rules: Every court has local rules governing motion format, page limits, font size, margin requirements, and filing procedures. Always consult the local rules of the specific court before filing. Some courts have mandatory cover sheets or motion formats.

Service requirements: Motions must be served on opposing counsel (or the opposing party if pro se) in accordance with court rules. Improper service can result in the motion being stricken.

Briefing schedules: Most courts set deadlines for opposition briefs and reply briefs. Check the local rules for these deadlines — failure to respond timely may result in the motion being granted by default.

Pro se litigants: Self-represented litigants (pro se) are generally held to the same procedural standards as attorneys, but courts may extend some procedural leniency. If you are self-represented on a complex motion, consider consulting an attorney for at least a review of your motion.

Federal vs. state court: Federal courts (district courts) use the Federal Rules of Civil Procedure. State courts use each state's own rules of civil procedure. This template is designed for general use in state court proceedings.

This is not legal advice: Legal motions are complex documents. This template provides a structural framework only. The specific legal arguments, citations, and procedural steps required depend on the facts of your case, applicable law, and court rules. Consult an attorney for legal advice.

Frequently Asked Questions

A complaint is the initial document that starts a lawsuit, stating the plaintiff's claims against the defendant. A motion is a request made during a pending case asking the court to take a specific action — such as dismissing a claim, compelling discovery, or granting additional time. Motions are filed after the case is already underway.