Notice of Motion
(Federal)

Summary

This template is a notice of motion that can be used to make a motion in federal district court case. It includes drafting notes. A notice of motion is a short document that provides notice to all litigants that you are seeking particular relief from a specific judge on a set date. Fed. R. Civ. P. 7(a). The notice of motion serves as a procedural safeguard, ensuring that no party is caught off guard by a request for court intervention. This document typically includes the title of the motion, the legal basis for the request, the relief sought, and the date and time the motion will be presented to the judge. The notice of motion is usually accompanied by supporting documents, such as a memorandum of law, affidavits, or declarations, which provide the factual and legal grounds for the motion. The purpose of the notice is to ensure that all parties are aware of the motion and have an opportunity to respond, thereby promoting fairness and due process in litigation. Consult the local rules and your judge's individual practice rules for additional requirements. For example, some districts may require the use of specific notice forms. In addition, courts may require a pre-motion conference or impose page limits and formatting rules for supporting documents. It is essential for litigants to consult both the Federal Rules of Civil Procedure and the local rules of the specific district court, as well as any individual judge's practice rules, to ensure compliance. Failure to follow these rules can result in delays, denial of the motion, or other procedural setbacks. For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For a full listing of key content covering fundamental discovery motion tasks throughout a federal court litigation lifecycle, see Discovery Motions Resource Kit (Federal). For a full listing of key content covering litigation holds in federal lawsuits, see Litigation Hold Resource Kit (Federal). For more on motion practice, see Motion Practice: Making and Opposing a Motion (Federal) and Motion Practice: Making and Opposing a Motion Checklist (Federal).