A movant, also known as a moving party or mover, is an individual or entity that submits a motion to a court or other decision-making body. This motion is a formal request for a specific ruling or order. The movant's role is to persuade the judge or decision-maker to grant the request based on legal grounds and supporting evidence.
The term "movant" is commonly used in various legal contexts, including civil, criminal, and family law cases. It applies whenever a party seeks a court order, such as in motions for summary judgment, motions to dismiss, or motions for temporary restraining orders. Users can often manage these motions themselves using legal templates available from resources like US Legal Forms, which provide guidance and structure for filing motions correctly.
Here are a couple of examples of abatement:
Example 1: In a civil lawsuit, a plaintiff (movant) files a motion for summary judgment, arguing that there are no material facts in dispute and that they are entitled to a judgment as a matter of law.
Example 2: A defendant (movant) in a criminal case may file a motion to suppress evidence, claiming that the evidence was obtained unlawfully (hypothetical example).
Examples of state differences (not exhaustive):
| State | Movant Requirements |
|---|---|
| California | Requires specific formatting and notice to the opposing party. |
| New York | Movants must provide an affidavit supporting their motion. |
| Texas | Requires a certificate of conference to show attempts to resolve issues before filing. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Movant | The party making a motion to the court. |
| Respondent | The party opposing the motion. |
| Non-Moving Party | The party that does not file the motion and responds to it. |
If you believe you need to file a motion as a movant, start by gathering all relevant evidence and documentation. Consider using legal templates from US Legal Forms to help you draft your motion properly. If the situation is complex or if you're unsure about the process, consulting a legal professional is advisable to ensure your rights are protected.
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A movant is a party that submits a motion to a court seeking a specific ruling or order.