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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Filing a motion can be a critical step in the legal process, allowing individuals to seek justice and have their grievances heard. From petitions to applications, motions can ask for a court to issue an order, modify an existing one or set aside a ruling. However, in order for the motion to have any chance of success it is essential that it is drafted with precision and presented well in court - something which can be challenging if you’re unfamiliar with the legal system.

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There are also specific requirements which must be met before you file your case; as well as making sure you provide enough information for the court to properly understand your issue, you must ensure that all necessary parties are served correctly before presenting your case in court. It’s at this point where being able to answer questions from opposing counsel or even the judge itself could mean the difference between success and failure – something which is made easier when using ��������Ƶ’s free template library.

Understanding how filing motions works – especially if you don’t have prior knowledge of law - will give those who feel wronged by another party an opportunity for their voices heard in court; thanks by using ��������Ƶ’s free template library and comprehensive guidance everyone has access to clear advice on how best submit a motion today so they can start bringing about positive change now.

Definitions

Law: A body of rules that a society or government has created to regulate behavior.
Regulation: A set of rules or guidelines issued by a government body that define how certain activities should be conducted.
Precedent: A previous judicial decision that is used as an example or guide in subsequent similar cases.
Notice of motion: A written notice that is filed with a court informing the court of a motion that is being filed.
Petition: A formal request to a court or other decision-making body to take some action.
Forum: A place in which ideas or opinions can be expressed.
Rehearsing: To practice something in order to prepare for a presentation or performance.
Voting: The act of expressing an opinion or making a decision by casting a vote.
Enact: To make something official or legally binding.
Compliance: The act of following a set of rules or regulations.

Contents

1. Understanding the Basics of Motion Submissions
2. Researching relevant laws, regulations, and precedents related to the motion
3. Determining the required filing forms and deadlines
4. Preparing the Motion
5. Drafting the motion in accordance with the applicable laws, regulations, and precedents
6. Obtaining required signatures from relevant parties
7. Researching and Drafting the Motion
8. Conducting research to identify relevant facts and arguments
9. Drafting the motion to clearly and accurately reflect the desired outcome
10. Presenting the Motion
11. Determining the appropriate forum for presenting the motion
12. Preparing for the presentation, including rehearsing and gathering necessary materials
13. Gathering Support for the Motion
14. Identifying individuals and groups who would be likely to support the motion
15. Contacting potential supporters and providing them with relevant information
16. Voting on the Motion
17. Verifying that all voting requirements have been satisfied
18. Counting and recording the votes
19. Executing the Motion
20. Notifying the relevant parties of the outcome
21. Ensuring that all necessary steps are taken to enact the motion
22. Ensuring Compliance with the Motion
23. Monitoring any changes or developments that may impact the motion
24. Taking action as necessary to ensure compliance with the motion
25. Following Up on the Motion Results
26. Documenting any changes resulting from the motion
27. Evaluating the effectiveness of the motion
28. Post-Motion Actions
29. Notifying relevant parties of any remaining obligations
30. Taking steps to ensure that the motion is fully implemented

Get started

Understanding the Basics of Motion Submissions

• Research which court your motion will be submitted to and the relevant rules and regulations that apply
• Familiarize yourself with the basics of the motion process, including the filing requirements and the timeline
• Understand the types of motions and the forms they typically require
• Determine the purpose of your motion and the desired outcome
• Draft your motion in accordance with the relevant court’s rules and regulations
• You will know you have completed this step when you have a draft motion that meets the court’s requirements and is ready to be submitted.

Researching relevant laws, regulations, and precedents related to the motion

• Review the applicable laws, regulations, and precedents.
• Look for case law related to the motion.
• Make sure the motion is in line with local, state, and federal regulations.
• Check for any changes in the laws since the last time the motion was submitted.
• Make sure the motion does not violate any laws or regulations.

You will know you have completed this step when you have reviewed all relevant laws, regulations, and precedents related to the motion and have made sure the motion is in line with them.

Determining the required filing forms and deadlines

• Check with the court clerk or online resources to find out which filing forms are required and the deadlines for filing.
• Some courts may have specific forms that you will need to fill out, while others will only require you to submit a document outlining your motion.
• Make sure to note the filing deadlines and determine when the motion must be filed by.
• Once you have the necessary information, you can check this step off your list and move on to the next step.

Preparing the Motion

• Gather all the evidence needed to support your motion
• Consult the applicable laws, regulations, and precedents to make sure that the motion is valid
• Compile the evidence and any other required documents into one packet
• Check that all the documents are in the correct order, and that all the information is accurate
• Make copies of the packet for each party or judge involved
• Once everything is in order, you can check this off your list and move on to the next step.

Drafting the motion in accordance with the applicable laws, regulations, and precedents

• Research the applicable laws, regulations, and precedents that are relevant to the motion
• Draft the motion, making sure to clearly state the purpose of the motion and any relevant information
• Review the motion for accuracy and completeness
• When the motion is drafted and reviewed, you can move on to the next step of obtaining required signatures from relevant parties

Obtaining required signatures from relevant parties

• Identify who needs to sign the motion before it can be submitted.
• Contact those individuals and explain the motion that needs to be signed.
• Schedule a time with the signers to review and sign the motion.
• Make sure all signers are present when the motion is signed.
• Collect all signed copies of the motion.

You will know when you can check this off your list when you have collected all the required signatures.

Researching and Drafting the Motion

• Understand the purpose of the motion and identify the legal basis for it
• Research legal precedent and supporting arguments to support the motion
• Draft the motion in a clear and concise manner
• Ensure the motion follows all applicable laws, rules, and regulations
• When the motion is ready, you will know it is ready to be filed with the court.

Conducting research to identify relevant facts and arguments

• Gather information from legal sources like court decisions, statutes, and regulations to support the motion
• Read relevant treatises, scholarly articles, and other legal publications
• Consult with other attorneys who may have experience in the area of law related to the motion
• Check court dockets to learn more about how the court has ruled on similar motions in the past
• When you are satisfied that you have identified all relevant facts and arguments for the motion, you can move on to the next step of drafting the motion.

Drafting the motion to clearly and accurately reflect the desired outcome

• Make sure the motion includes a summary of the facts and arguments that support the motion
• Draft the motion in language that is clear, concise, and easy to understand
• Include any relevant legal citations that support the desired outcome
• Review the motion to ensure that it accurately reflects the desired outcome
• When you are satisfied with the draft, you can move on to the next step

Presenting the Motion

• Prepare to speak in front of the assembly or governing body.
• Introduce the motion by stating it clearly.
• Describe the benefits of the motion and why it should be adopted.
• Address any questions or concerns that may arise.
• Ask the assembly or governing body to vote on the motion.
• Record the results of the vote.
• You can check this off your list and move on to the next step when the assembly or governing body has voted and the results have been recorded.

Determining the appropriate forum for presenting the motion

• Determine the appropriate forum to present the motion - consider the type of motion, the audience, and the resources available to you
• Research the particular rules and procedures of the forum you’re presenting to - what type of motions are allowed, who is responsible for voting, and how to properly format documents
• Make sure to check any deadlines or regulations that may apply
• Once you have determined the appropriate forum, have an understanding of the rules, and have checked deadlines, you can check this step off your list and move on to the next step.

Preparing for the presentation, including rehearsing and gathering necessary materials

• Review the motion and determine any facts or arguments that need to be presented
• Prepare a presentation that includes any facts, arguments and/or visuals that need to be included
• Rehearse the presentation multiple times to ensure you are comfortable with the material
• Gather any necessary materials such as documents, visual aids or other evidence needed for the presentation
• Make sure you have any necessary equipment such as a laptop or projector for the presentation
• When you feel comfortable with the material and have gathered all necessary materials and equipment, you can move on to the next step of gathering support for the motion.

Gathering Support for the Motion

• Make a list of people who you think would be likely to support the motion
• Reach out to people in your network who have an interest in the motion
• Ask them to sign a petition to show their support
• Reach out to organizations and associations whose members would benefit from the motion
• Identify local, state, and/or federal elected officials who would be likely to support the motion
• Ask for their endorsement of the motion
• When you have gathered enough support for the motion, you can proceed to the next step.

Identifying individuals and groups who would be likely to support the motion

• Research local organizations and activists that have expressed a desire to support similar causes
• Reach out to individuals and groups to discuss potential support for the motion
• Look for opportunities to collaborate with similar causes and organizations
• Keep records of potential supporters, including contact information and commitments
• Once a list of potential supporters has been compiled, move on to the next step of contacting potential supporters and providing them with relevant information.

Contacting potential supporters and providing them with relevant information

• Draft an email to potential supporters that outlines the purpose of your motion and why their support is important
• Include relevant facts and data that will help them make an informed decision
• Attach any additional documents that may be relevant to your motion
• Send the email to potential supporters and follow up with a phone call if they do not respond within a reasonable amount of time
• When you have received a response from each potential supporter, you can check this step off your list and move on to voting on the motion.

Voting on the Motion

• Ensure that all voting requirements have been satisfied, such as ensuring that all members have been properly notified of the motion and given adequate time to review it
• Take a vote on the motion, either through an online voting platform or in person at a board meeting
• Record the voting results in the minutes of the meeting or in the voting platform
• When voting is complete and all requirements have been satisfied, you can move on to the next step: verifying that all voting requirements have been satisfied

Verifying that all voting requirements have been satisfied

• Check the voting records to ensure that all members present at the meeting have voted on the motion.
• Ensure that the motion was voted in accordance with the organization’s bylaws and any applicable laws.
• Verify that the motion was voted on by the required number of members according to the bylaws.
• Confirm that any special requirements related to the motion were met.
• When all voting requirements have been satisfied, you can check this off your list and move on to the next step.

Counting and recording the votes

• Count the votes, with each vote being either ““Yes”” or ““No””.
• Record the number of ““Yes”” and ““No”” votes in a tally sheet.
• At the end of the voting period, ensure that the total number of votes cast is equal to the number of members who are eligible to vote.
• Once the voting is finished and the votes are counted and recorded, the motion will be approved or rejected depending on the majority of votes, that is to say, more than half of the ““Yes”” votes.
• You will know that this step is complete when the tally sheet is finished and signed off by the chairperson.

Executing the Motion

• Announce the results of the vote to the members present
• Make a note of the results in the minutes of the meeting
• If the motion passed, state the details of the motion and the result
• If the motion failed, state the details of the motion and the result
• Update any relevant internal documents, regulations, or policies to reflect the motion’s outcome
• Once the results are announced and noted, the motion has been executed and the process is complete!

Notifying the relevant parties of the outcome

• Notify the relevant parties of the outcome of the motion, either in person or through written communication.
• Ensure that all relevant parties are contacted and made aware of the outcome of the motion.
• Confirm that all relevant parties have been notified and update any record keeping as needed.
• When all relevant parties have been notified, you can move on to the next step of ensuring that all necessary steps are taken to enact the motion.

Ensuring that all necessary steps are taken to enact the motion

• Confirm that all of the necessary information has been gathered and provided before submitting the motion.
• Draft the motion and distribute it to all relevant parties for review.
• Ensure that all parties have had the chance to review the motion and provide any feedback or revisions.
• Submit the motion to the relevant legislative body for approval.
• Monitor and track the progress of the motion in the legislative body.
• Ensure that any amendments or revisions are made to the motion as needed.

You will know this step is complete when the motion has been approved by the legislative body and all necessary steps have been taken to enact the motion.

Ensuring Compliance with the Motion

• Make sure the motion has been properly filed and delivered to the court.
• Verify that all necessary parties are included in the motion.
• Check that all supporting documentation is included in the motion.
• Ensure that any applicable filing fees have been paid.
• Make sure that the motion has been properly served to all necessary parties.
• Confirm that the motion has been properly posted to the court’s docket and any applicable online legal databases.
• When all necessary steps have been taken to ensure compliance with the motion, you can move on to the next step of monitoring any changes or developments that may impact the motion.

Monitoring any changes or developments that may impact the motion

• Monitor relevant news outlets, websites, and other sources of information
• Stay up-to-date on any proposed legislation or other changes which could impact the motion
• Make sure to alert key stakeholders if any changes arise which could affect the motion
• Check in with any experts or people in the know who may have insight on any changes or developments which could impact the motion
• When all changes or developments have been monitored closely, the step is complete and can be checked off the list for moving to the next step.

Taking action as necessary to ensure compliance with the motion

• Check with any relevant stakeholders to ensure the motion is in line with their needs and expectations
• Bring up any areas of concern that may arise from the motion
• Make any necessary changes to the motion to ensure all stakeholders are in agreement
• Document any changes made to the motion in writing
• Monitor any new developments or changes that could affect the motion
• Once all of the above is done, you will have completed the step of taking action as necessary to ensure compliance with the motion.

Following Up on the Motion Results

• Meet with any relevant stakeholders to discuss the motion results and make sure that everyone is on the same page
• Verify that the changes required by the motion have been properly implemented
• Ensure that any changes to existing policies or procedures have been documented
• Check that all necessary personnel are aware of the motion’s results
• Follow up with any stakeholders as needed to confirm compliance
• When you are satisfied that the motion has been properly addressed, you can move on to the next step: documenting any changes resulting from the motion.

Documenting any changes resulting from the motion

• Gather all relevant documentation that shows the change resulting from the motion
• Make sure this documentation is up-to-date and complete
• Create a timeline for the motion, including when it was proposed, when it was discussed, and when it was finalized
• Record any notes or comments from the discussion of the motion
• Create a document to store all of the relevant information, such as the motion, timeline, and discussion notes
• Check off this step when the documentation is complete and up-to-date.

Evaluating the effectiveness of the motion

• Gather feedback from those involved in the motion process
• Analyze the data collected to determine if the motion had its desired effect
• Determine if any changes need to be made to the motion or its implementation
• Involve stakeholders in evaluating the motion’s effectiveness
• Document any changes that may have been necessary
• Assess the impact of the motion and make any necessary notes

You’ll know that you can check off this step when you have collected sufficient feedback, analyzed the data collected, determined if changes need to be made, involved stakeholders, documented any changes, and assessed the impact of the motion.

Post-Motion Actions

• Compile the result of the motion:
• Final vote count
• Motion outcome
• Any conditions set by the vote
• Document the motion in the organization’s record
• Follow up with the motion proposer and any other relevant parties to ensure they are aware of the outcome and any next steps they may need to take
• Ensure all obligations established by the motion have been fulfilled
• You will know you have completed this step when all obligations have been fulfilled and the motion is documented in the organization’s record.

Notifying relevant parties of any remaining obligations

• Contact parties involved and inform them of their remaining obligations, if any
• Explain the exact terms of the motion and what the parties need to do in order to comply
• Ask for confirmation that the parties understand what is expected of them
• Follow up with each party to ensure that they have taken the necessary steps
• Once all parties have confirmed that they have fulfilled their obligations, check off this step and move on to the next step

Taking steps to ensure that the motion is fully implemented

• Research the motion to determine what steps need to be taken to ensure its full implementation
• Follow the procedure outlined in the motion, and ensure that any necessary documentation is completed
• Check with the relevant parties to ensure that they are aware of their obligations as part of the motion
• Monitor progress and ensure that the motion is being implemented in a timely manner
• Make any necessary adjustments to ensure that the motion is implemented correctly
• Once the motion has been fully implemented, check it off the list and move on to the next step.

FAQ

Example dispute

Lawsuits Involving Breach of Contract

• A plaintiff can raise a lawsuit which references a motion if a breach of contract has occurred. The plaintiff must provide evidence of the breach, such as a copy of the contract, to show that the defendant has not fulfilled the terms of the agreement.
• The court will then consider the motion and decide whether or not the defendant is liable for the breach of contract. If the court finds the defendant liable, the plaintiff may be awarded damages.
• Damages may include payments for goods or services not delivered, return of the goods or services that were part of the contract, or reimbursement of attorney fees and other costs associated with the lawsuit.
• In order to win the lawsuit, the plaintiff must prove that the defendant breached the contract by failing to perform their obligations, or by failing to provide the goods or services they were obligated to deliver.
• The plaintiff must also prove that they suffered damage or loss as a result of the breach. This can include lost profits, costs associated with finding a replacement for the goods or services, or other financial losses.
• The court may also consider the plaintiff’s willingness to accept a settlement offer from the defendant. If the court finds the offer to be reasonable and it is accepted, the lawsuit may be dropped without further action.

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