We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Motion for Judgment?

By C. Peete
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A motion for judgment, commonly referred to as a motion for summary judgment, is a legal document that is submitted to the court and requests a judgment in the favor of the moving party. The motion for judgment consists of three parts: a notice of motion for summary judgment, which should clearly state the legal basis for the motion; a statement of uncontroverted material facts, which should explain in numbered paragraphs each material fact that the moving party feels is not a legal or factual issue and has copies of affidavits, exhibits and all discovery pertaining to the motion attached; and a legal memo summarizing why the motion for summary judgment should be granted.

The party requesting the motion for judgment must provide written declarations, depositions, admissions of fact and answers to written interrogatories claiming that all factual and legal issues can be decided in the moving party’s favor. The party opposing the motion must respond within a specified time frame and provide legal documentation, such as affidavits and sworn statements, to support claims that legal and factual issues exist and warrant a trial. If it is determined that such issues are found, the moving party’s motion for judgment is denied, and the case goes to trial. In some cases, the motion could be rendered inappropriate if it is determined that a jury might rule in favor of the opposing party.

A motion for judgment often is filed in situations where the evidence presented weighs more favorably toward one party. It also is filed when one party lacks enough evidence to win if the case goes to trial. It is also filed when one or both parties want to resolve a dispute without going through the lengthy and costly process of a trial.

To file a motion for judgment, the moving party prepares a motion form. Depending on the state where the party resides, a proposed order form might also need to be filed. These forms can be downloaded from the Internet.

In some states, a motion can be filed via certified mail to the court and all parties involved. In other states, the motion must be filed in person through an official process server. The time frame for serving a motion for judgment varies by state but usually is about 28 days.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.