motion. 1. A written or oral application requesting a court to make a specified ruling or order.
[Cases: Federal Civil Procedure 921–928.]
calendar motion.A motion relating to the time of a court appearance • Examples include motions to continue, motions to advance, and motions to reset. [Cases: Trial 9–16. C.J.S. Trial
contradictory motion.Civil law. A motion that is likely to be contested or that the nonmoving
side should have an opportunity to contest. Cf. contradictory judgment under JUDGMENT. cross-motion. A competing request for relief or orders similar to that requested by another
party against the cross-moving party, such as a motion for summary judgment or for sanctions.
enumerated motion.Archaic. A motion directly related to the proceeding or the merits of the
ex parte motion (eks pahr-tee). A motion made to the court without notice to the adverse party;
a motion that a court considers and rules on without hearing from all sides. — Also termed ex parte application. [Cases: Motions 19. C.J.S. Motions and Orders §§ 10, 14–16.]
motion for reduction.Family law. A motion to lessen the amount of child-support payments. • This is a type of motion to modify.
motion for resettlement.A request to clarify or correct the form of an order or judgment that does not correctly state the court’s decision. • The motion cannot be used to request a substantial change to or amplification of the court’s decision.
motion of course.A party’s request that the court may grant as a matter of routine, without
investigating or inquiring further.
motion to modify.A post-final-decree motion asking the court to change one of its earlier orders; esp. a request to change child support or visitation. — Also termed complaint for modification; motion for modification.
omnibus motion.A motion that makes several requests or asks for multiple forms of relief.
[Cases: Motions 5. C.J.S. Motions and Orders § 8.]
posttrial motion.A motion made after judgment is entered, such as a motion for new trial. [Cases: Federal Civil Procedure 2368, 2605; New Trial 124. C.J.S. New Trial §§ 147, 170,
174–175, 177, 185–186.] speaking motion.A motion that addresses matters not raised in the pleadings. [Cases: Federal Civil Procedure 1834.]
special motion.A motion specifically requiring the court’s discretion upon hearing, as distinguished from one granted as a matter of course. [Cases: Motions 36. C.J.S. Motions and Orders §§ 34–35, 37.]
2.Parliamentary law. A proposal made in a meeting, in a form suitable for its consideration and action, that the meeting (or the organization for which the meeting is acting) take a certain action or view. • A motion may be a main motion or a secondary motion. A motion technically becomes a “question” when the chair states it for the meeting’s consideration. But for most purposes, the parliamentary terms “motion” and “question” are interchangeable. Cf. REQUEST.
coexisting motion.Parliamentary law. A main motion, such as one raising a question of
privilege, that is pending at the same time as another main motion of lower precedence.
dilatory motion (dil-<<schwa>>-tor-ee).1. A motion made solely for the purpose of delay or
obstruction. 2. A motion that delays the proceedings.
immediately pending motion.The pending motion directly under consideration; the pending
motion last stated by the chair and next in line for a vote. See pending motion; PRECEDENCE(4). improper motion.A motion that is out of order. See OUT OF ORDER.
incidental main motion.A main motion that relates to a procedural rather than a substantive matter; an otherwise secondary motion, made when no main motion is pending. — Also termed procedural main motion; quasi-main motion; specific main motion. See main motion. Cf. original main motion.
incidental motion.A secondary motion that relates to the procedure under which other
business is considered. See secondary motion.
main motion.A motion that brings business before a meeting. • A main motion may be an
original main motion or an incidental main motion. — Also termed principal motion; proposition. ordinary main motion.See original main motion.
original main motion.A main motion that relates to a substantive rather than a procedural
matter; a main motion that is not an incidental main motion. — Also termed ordinary main motion; substantive main motion; substantive motion. See main motion. Cf. incidental main motion. parliamentary motion. 1. Any motion that is not an original main motion — that is, any motion that is either a secondary motion or an incidental main motion. 2. A motion under parliamentary law; MOTION(2).
pending motion.A motion under consideration, even though other pending motions of higher
rank may have taken precedence over it. Cf. immediately pending motion.
principal motion.See main motion.
privileged motion.A secondary motion that does not relate to other business, but rather to the
organization, the meeting, its members, and their rights and privileges, and is thus entitled to prompt attention in preference over other pending business. See secondary motion; PRIVILEGE(6).
procedural main motion.See incidental main motion.
procedural motion.A motion that relates to the manner in which a meeting conducts its business, rather than to the business itself. • A procedural motion may be either an incidental motion (including an incidental main motion) or a privileged motion.
quasi-main motion.See incidental main motion.
restorative motion.A motion that renews consideration of a question already disposed of. — Also termed restoratory motion.
restoratory motion.See restorative motion.
secondary motion.A motion that does not itself bring business before the meeting, and is therefore in order when a main motion is pending. • A secondary motion may be either an incidental motion (although not an incidental main motion), a privileged motion, or a subsidiary motion. Cf. main motion.
specific main motion.See incidental main motion.
subsidiary motion.A secondary motion that directly affects the main motion’s form or
consideration. See secondary motion.
substantive main motion.See original main motion. substantive motion.See original main motion.
[Blacks Law 8th]