movants

Movants are the party or parties who file a motion with a court seeking a specific order, ruling, or other relief. The movant initiates the request; the opposing party is typically referred to as the non-movant, the respondent, or the party opposing the motion, depending on jurisdiction and procedure. In many judicial systems, the movant must serve the motion and supporting documents on all parties.

In practice, the movant bears the burden related to the relief sought, though the exact standard depends on the motion type and jurisdiction. For example, in motions for summary judgment, the movant usually must show there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law; if this showing is made, the burden may shift to the non-movant to present evidentiary disputes. Other motions may require different standards, such as demonstrating a procedural deficiency, the need for discovery, or the entitlement to provisional relief.

Common examples of motions include a motion to dismiss, often under Rule 12(b)(6); a motion for summary judgment under Rule 56; a motion for judgment on the pleadings; motions for a new trial or for rehearing; and motions for temporary or preliminary injunctions, to compel discovery, or to exclude evidence (motions in limine). A movant typically files a notice of motion, a memorandum of points and authorities, and supporting affidavits or exhibits. The court may hold a hearing and will issue an order or judgment resolving the motion. The term is widely used in United States court practice and appears in many procedural contexts worldwide, though exact rules and terminology can vary.