movant

A movant is a party in a legal proceeding who files a motion with the court, requesting a ruling or an order on a specific issue. The term is widely used in civil procedure in common-law jurisdictions and in administrative tribunals. The movant is typically contrasted with the non-movant, the party who opposes the motion.

Common examples of motions include a motion to dismiss, a motion for summary judgment, a motion for a new trial, a motion to compel discovery, a motion for a protective order, or a motion for temporary relief such as a stay or injunction. The movant prepares and submits the motion and supporting materials, and the opposing party may file a response or opposition. The court may hold a hearing or decide on the papers alone.

Burden and standards vary by motion type and jurisdiction. In many systems, the movant must show entitlement to the relief sought; for example, a motion for summary judgment requires demonstrating there is no genuine dispute of material fact, while a Rule 12(b)(6) dismissal requires showing the complaint fails to state a claim. Depending on the ruling, the court may grant, deny, or grant in part, and orders can be appealed or modified.