A motion is a formal request that the court enter an order. Motions can address the sufficiency of a pleading, jurisdiction, service, discovery, scheduling, evidence, expert issues, judgment without trial, trial procedure, or post-trial relief.

A motion asks the court for a ruling; it does not replace the evidence required for that ruling. The applicable rule determines who bears which burden, what material the court may consider, and what happens if the motion is granted or denied.

Rule 7 distinguishes pleadings, such as a complaint or answer, from motions requesting an order. When you receive a motion, identify who filed it, the exact ruling requested and any hearing or response date. Keep the motion, attachments and service information together so your lawyer can review the actual request.

Rule 12 motions address threshold defenses

Rule 12 addresses defenses including subject-matter jurisdiction, personal jurisdiction, process, service, failure to state a claim, and necessary-party issues. Some defenses can be waived if not raised in the required manner and time.

A motion to dismiss is not always a factual trial

Different subsections use different standards and records. For example, a failure-to-state-a-claim motion generally tests the pleading, while jurisdiction or service issues may require affidavits or other proof. If outside material is presented on a Rule 12(b)(6) motion and considered by the court, the rule describes conversion to summary judgment and an opportunity to present pertinent material.

Discovery motions enforce or limit information exchange

Rule 26 describes discovery scope and limits, expert discovery, scheduling, and protective orders. Related rules address motions to compel and sanctions. A discovery dispute should identify the specific request, response, relevance, burden, privilege or protection, efforts to resolve it, and relief sought.

  • Preserve the original request, response, objection, production, and correspondence.
  • Identify missing custodians, systems, date ranges, formats, metadata, or physical items.
  • Separate true unavailability from burden, privilege, proportionality, or disagreement about scope.
  • Follow any order governing production, confidentiality, examination, inspection, or expert disclosure.

Scheduling and procedural motions manage the case

A party may seek additional time, amendment, joinder, severance, consolidation, continuance, remote appearance, protective treatment, or another procedural order. The request should state the rule, relevant dates, reason, prejudice, prior extensions, opposing position, and specific relief.

Summary judgment tests whether a material factual issue requires trial

Rule 56 provides for judgment when the pleadings, depositions, interrogatory answers, admissions, and affidavits show no genuine issue of material fact and a party is entitled to judgment as a matter of law. When a supported motion is made, the response cannot rest only on allegations or denials.

Use source-supported hearing materials

  • Cite the exact pleading, discovery response, deposition page, admission, authenticated record, or affidavit paragraph.
  • Use affidavits based on personal knowledge with admissible facts and competence shown.
  • Distinguish undisputed facts, disputed facts, inferences, legal issues, and matters outside the relevant standard.
  • Provide the court and other parties the materials in the required form and time.

Evidentiary motions shape what the fact-finder hears

Motions may address scientific or technical opinion, hearsay, prior acts, medical expense, authentication, demonstrative material, or prejudicial evidence. The admissibility question is distinct from the weight the fact-finder may give admitted evidence.

Read the order for scope and next steps

An order may resolve an entire claim, only one issue, or a procedural dispute. Record what was granted, denied, reserved, or conditioned; which parties and claims remain; what deadlines follow; whether amendment or renewed proof is permitted; and whether review must wait until final judgment.

Keep settlement and case preparation separate but coordinated

Motions can change risk and negotiation posture, but settlement discussions do not excuse court deadlines. Continue preserving and developing accurate evidence while evaluating resolution.

The related pleadings guide explains the complaint, summons, service, answer, defenses, and counterclaims that frame later motions.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about motions in North Carolina personal-injury litigation. Every request should identify the rule, evidence, precise relief, and consequence for the remaining case.

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