Essential Motions Every Paralegal Must Understand

Motion practice is a fundamental part of litigation, and understanding the different types of motions is critical for the CP exam. A motion is a formal request to the court for a specific ruling or order. Paralegals frequently assist in drafting, filing, and tracking motions throughout the litigation process.

Pre-Trial Motions

Before trial, several important motions may shape the course of litigation:

Motion to Dismiss (Rule 12(b))

The most common pre-answer motion challenges the legal sufficiency of the complaint. The seven grounds for a Rule 12(b) motion are:

(1) Lack of subject matter jurisdiction
(2) Lack of personal jurisdiction
(3) Improper venue
(4) Insufficient process
(5) Insufficient service of process
(6) Failure to state a claim (the most commonly used ground)
(7) Failure to join a required party

A Rule 12(b)(6) motion to dismiss for failure to state a claim tests whether the complaint, taking all allegations as true, states a plausible claim for relief. The court does not evaluate the evidence; it only looks at the pleading itself.

Waiver rules are critical: defenses (2) through (5) are waived if not raised in the first responsive pleading or pre-answer motion. Defenses (1), (6), and (7) can be raised at any time.

Motion for Summary Judgment (Rule 56)

A motion for summary judgment argues that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Key points:

Either party may file a motion for summary judgment at any time until 30 days after the close of all discovery (unless the court sets a different deadline)
The moving party must show the absence of genuine factual disputes
The nonmoving party must then present specific evidence showing a genuine issue exists for trial
The court views the evidence in the light most favorable to the nonmoving party
Partial summary judgment is available on individual claims or issues (Rule 56(a))

Paralegals often assist with summary judgment by organizing the evidentiary record, preparing statements of undisputed facts, and compiling supporting exhibits.

Motion to Compel (Rule 37)

When a party fails to respond to discovery requests or provides inadequate responses, the requesting party may file a motion to compel. The motion asks the court to order compliance. If granted, the court typically orders the non-complying party to pay the reasonable expenses, including attorney fees, incurred in making the motion.

Motion in Limine

A motion in limine seeks to exclude or include specific evidence before trial. This motion is filed shortly before trial and asks the court to make an advance ruling on the admissibility of evidence. Common targets include:

Prior bad acts or criminal history of a party
Prejudicial photographs or testimony
Expert witness testimony that does not meet admissibility standards
Insurance coverage information
Settlement negotiations

Motion for Default Judgment (Rule 55)

When a defendant fails to plead or otherwise defend within the prescribed time, the plaintiff may seek a default judgment. The process involves two steps:

Entry of default by the clerk (Rule 55(a)) when the defendant's failure to respond is shown by affidavit or otherwise
Default judgment entered by the clerk (if the claim is for a sum certain) or by the court (in all other cases) (Rule 55(b))

The defendant may move to set aside the default or default judgment under Rules 55(c) and 60(b) for good cause shown.

Motion for Protective Order (Rule 26(c))

A party may seek a protective order to prevent disclosure of sensitive information during discovery. The moving party must show good cause. Protective orders may limit the scope of discovery, restrict who can access certain information, or seal confidential documents.

Trial Motions

During trial, several motions may be made:

Motion for Judgment as a Matter of Law (Rule 50(a)): Made after the opposing party has been fully heard on an issue. Argues that no reasonable jury could find for the opposing party on that issue.
Motion for Mistrial: Requests that the court declare a mistrial due to prejudicial error, juror misconduct, or other fundamental problems that prevent a fair trial
Motion to Strike: Asks the court to remove specific testimony or evidence from the record

Post-Trial Motions

After the trial verdict, several motions may be filed:

Renewed Motion for Judgment as a Matter of Law (Rule 50(b)): Formerly known as JNOV (judgment notwithstanding the verdict). Must be filed within 28 days after entry of judgment. The party must have made a Rule 50(a) motion during trial to preserve this right.
Motion for New Trial (Rule 59): Must be filed within 28 days after entry of judgment. Grounds include errors of law, newly discovered evidence, misconduct, and a verdict against the weight of the evidence.
Motion to Alter or Amend Judgment (Rule 59(e)): Seeks modification of the judgment. Must be filed within 28 days.
Motion for Relief from Judgment (Rule 60(b)): Seeks relief from a final judgment on grounds including mistake, newly discovered evidence, fraud, void judgment, or any other reason justifying relief. Must be filed within a reasonable time and, for certain grounds, within one year.

The Paralegal's Role in Motion Practice

Paralegals are deeply involved in motion practice, including:

Researching legal issues and relevant case law
Drafting memoranda of law in support of or in opposition to motions
Compiling and organizing supporting evidence and exhibits
Filing motions with the court and serving them on opposing parties
Tracking response deadlines and hearing dates
Preparing attorneys for oral argument

Master Motion Practice

Motion practice questions on the CP exam require you to know the rule number, standard, timing, and purpose of each type of motion. Use our flashcard system to memorize key motion rules. Sign up free to access comprehensive practice materials.

Motion Practice: Types of Motions Every Paralegal Should Know