How to File a Motion: A Step-by-Step Guide for Self-Represented Litigants

12 min read • Court Procedures

Filing a motion is one of the most common actions in any court case. A motion is a formal request to the court asking a judge to make a ruling or take some action. Understanding how to properly draft, format, and file a motion is essential for anyone representing themselves in court.

Every motion must include a caption identifying the court, parties, and case number; a title that tells the court what you're asking for; a statement of facts; a legal argument section citing relevant statutes and case law; and a proposed order for the judge to sign. The format requirements vary by jurisdiction but generally follow similar patterns.

Before filing, check your local court rules for specific formatting requirements — things like font size (usually 12-point), margins (typically 1 inch), line spacing (often double-spaced), and page limits. Many courts also require a certificate of service proving you sent a copy to the other party.

The legal argument section is where you explain why the law supports your request. This means citing statutes, court rules, and case law precedents. For example, if you're filing a motion to dismiss, you might cite Federal Rule of Civil Procedure 12(b)(6) and cases like Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), which established the 'plausibility' standard for complaints.

After filing, the court will typically schedule a hearing date or issue a ruling based on the papers. Be prepared to argue your motion orally if a hearing is scheduled. Always keep copies of everything you file and note all deadlines on a calendar.

Key Takeaways

• A motion is a formal written request asking the court to take a specific action
• Every motion needs: caption, title, facts, legal argument, and proposed order
• Check local court rules for formatting requirements before filing
• Cite real statutes and case law in your legal argument section
• Always serve the other party and file a certificate of service

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