nonmovant

Nonmovant refers to a party in a legal proceeding who did not file a motion seeking relief on a particular issue. The term is most commonly used in the context of dispositive motions, especially motions for summary judgment. In this setting, the movant is the party who files the motion, and the nonmovant is the party against whom the motion is directed.

In many civil procedure systems, including federal practice, the movant bears the initial burden of showing there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law. If the movant meets this burden, the nonmovant must respond by identifying genuine issues of material fact and presenting evidence to show that a trial is necessary. If the nonmovant fails to raise a genuine issue, the court may grant the motion against them. Conversely, a proper response may defeat the motion, or at least raise triable issues for trial.

The nonmovant's role is therefore to oppose the motion with admissible evidence and argument, rather than to prove their case from the outset. They are not required to prove everything but must show that reasonable jurors could disagree about material facts. Procedurally, the nonmovant submits responses, affidavits or declarations, and citations to the record within established deadlines. Failure to respond can lead to grant of the motion.

Terminology can vary by jurisdiction. Some courts use "opposing party" or "responding party" instead of nonmovant. The label applies to a party's status with respect to a particular motion and may change across issues within the same case.