A motion is a request for a court to take action on a particular matter. Motions allow parties in a lawsuit to communicate and move the case along. When your opponent files a motion, your first instinct might be to respond. You don’t always have to, but when you do, make it as compelling as possible. Here are practical strategies you can use to respond to a motion.
Determine Whether a Response is Needed
Not all motions require a response. Courts don’t look for a response to a motion for an extension of time because it’s not controversial and often automatically granted. In contrast, a motion for reconsideration of a court order has such a low success rate that responding to it is often a waste of time. For other motions, if you care about the outcome and want the court to consider your position, you should absolutely respond. See responding to a motion to dismiss for an example with in-depth information.
Review the Motion
If you decide to respond, review the motion carefully and thoroughly. Identify your opponent’s key arguments and supporting facts. Read the appellate cases, statutes, and other laws cited in support of their argument. Finally, determine what your opponent wants to happen or not happen. This is called the request. If there is a “Wherefore” statement at the end, look for the request there. If not, carefully search for it elsewhere in the motion.
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Research and Prepare
Find and read statutes, case law, and other legal authorities dealing with the subject of the motion. Use these to support your arguments and counter your opponent’s argument. Look for opportunities to use the authorities they’ve cited to support your argument. To prepare for oral argument, thoroughly understand the legal principles and precedent involved.
Structure Your Response
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence. When in doubt about the sequence, use the structure set out by your opponent in their motion. Don’t go off on distracting tangents.
Craft Persuasive Arguments
Analyze your opponent’s assertions, and highlight flaws in their reasoning or any factual inaccuracies. Support every counterargument with well-reasoned analysis and relevant legal authorities, especially case law. Anticipate potential counter-counterarguments and address them preemptively. Formulate a story the judge will find compelling.
Use Clear and Concise Language
Avoid legal jargon. Rather, use plain language to convey complex legal concepts. Present your points in a straightforward manner, using persuasive language. Less is more. Be concise.
Summarize
Your response may be the last thing your judge reads. So it pays to make it as compelling as possible. Your summary should reinforce your main arguments, reiterate the flaws in your opponent’s motion, and emphasize the strength of your points. At the end, write your own “Wherefore” statement asking the court to deny your opponent’s motion,and briefly restate the key reasons why the court or magistrate should rule in your favor.
Responding to a motion requires careful analysis, diligent research, and persuasive writing. By following these guidelines, you can respond effectively to any motion and significantly impact the outcome of your case.
FAQs
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
How to write a response to a motion to dismiss? ›
You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: “For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.”
How do you write a response to a summons? ›
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.
What happens if you don't reply to a motion? ›
If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed.
How do you write a reply message? ›
In order to draft a general response email, follow these steps:
- Respond quickly. ...
- Start with a greeting. ...
- Reply to questions or concerns in separate lines. ...
- Ask for confirmation of understanding. ...
- Include closing remarks and your signature.
Your reply brief should highlight the strength of your case. Focus on the important, winnable issues. Recite only the crucial facts and leading authority supporting your position. Weak arguments undermine your credibility.
What is reply to opposition to motion? ›
If you receive a Motion from an opposing party, you have the right to respond. and tell the Judge whether you agree or disagree with the other side's Motion. If you. disagree, you must file a RESPONSE TO MOTION within a specific period of time.
Does a motion to dismiss count as an answer? ›
A motion to dismiss the entire case puts off any need to file an answer until after the motion is decided. When a motion to dismiss addresses some but not all claims in the complaint, most courts have held that there is no need to answer even on those counts not affected by the motion until the ruling is given.
How many days to respond to motion? ›
There is a specific deadline for filing and serving a written response, usually fourteen (14) days prior to a hearing. The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence.
How do you write a response letter to the court? ›
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
Examples from Collins dictionaries
I received a summons to the Palace. She had received a summons to appear in court. The men were summonsed and last week 30 appeared before Hove magistrates. She has been summonsed to appear at St Albans magistrates' court.
How to write a legal answer? ›
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.
How do you disagree with a motion? ›
If you disagree with anything the other party asked for, you must file a written opposition. If you do not, the judge might grant the other party's motion automatically, and might even cancel the court hearing.
Can you reconsider a motion? ›
If the matter involves a motion that was previously passed, a member may move to rescind or amend the measure. If a measure is to be reconsidered, rescinded, or amended at a meeting subsequent to the initial action, the intent to do so must be on the public notice of the meeting.
Why you should not reply immediately? ›
It's not a bad thing as in you can't and shouldn't do it, but normally people need a few minutes to digest what they've read and formulate a response. But you respond to what the situation dictates. if it's an emergency you would respond immediately.
How to draft a response to a motion for summary judgment? ›
Replies should be succinctly stated. If the response to a fact is “undisputed,” the reply should also state “undisputed.” If you contend that despite a response of “disputed,” the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
How to respond to a motion to compel? ›
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
How do you write a motion statement? ›
How to Write a Kick-Ass Motion
- Make an Outline. ...
- Keep Your Motion Simple. ...
- Maintain Credibility. ...
- Mind Your Citations. ...
- Focus on Facts. ...
- Keep Your Intro Short. ...
- Respect the Opposition. ...
- Write in English, Not Legalese.
His lawyer filed a motion for a mistrial. She has a simple golf swing with no wasted motion. He made hand motions to get our attention. Her motion was voted on.
