NOTICE OF MOTION

notice of motion.Written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time. • Under the Federal Rules of Civil Procedure, the requirement that a motion be made in writing is fulfilled if the motion is stated in a written notice of the hearing on the motion. Also, the courts in most jurisdictions require all motions to include a certificate, usu. referred to as a certificate of service, indicating that the other parties to the suit have been given notice of the motion’s filing. Notice of any hearing or other submission of the motion must usu. be provided to all parties by the party requesting the hearing or submission. Fed. R. Civ. P. 5(d), 7(b)(1); Fed. R. Civ. P. Form 19. [Cases: Federal Civil Procedure 921; Motions 18.1. C.J.S. Motions and Orders § 13.]

[Blacks Law 8th]