Most Common Types of Motions Filed in State and Federal Courts
A comprehensive overview of the most common types of motions filed in state and federal courts — both civil and criminal — along with the relevant statutes or rules (primarily under the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Criminal Procedure (FRCrP)), and a short description of each.
⚖️ Note: While the rules below reference federal law, most state courts have analogous rules (often modeled after the federal ones). Tables towards the bottom include timeline for filing these motions.
🧾 I. Civil Cases – Common Motions
| Motion Type | Rule / Statute | Description |
|---|---|---|
| Motion to Dismiss | FRCP 12(b) | Requests the court to dismiss the case for reasons such as lack of jurisdiction, improper service, failure to state a claim, etc. Common subtypes: 12(b)(1) (subject-matter jurisdiction), 12(b)(6) (failure to state a claim). |
| Motion for Judgment on the Pleadings | FRCP 12(c) | Filed after the pleadings are closed; argues that even accepting the facts alleged, the law mandates judgment for the movant. |
| Motion for Summary Judgment | FRCP 56 | Argues that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law, often ending the case before trial. |
| Motion to Strike | FRCP 12(f) | Seeks to remove improper, redundant, immaterial, or scandalous matter from pleadings. |
| Motion for More Definite Statement | FRCP 12(e) | Filed when a pleading is so vague or ambiguous that the opposing party cannot reasonably prepare a response. |
| Motion to Amend Pleadings | FRCP 15(a) | Requests permission to amend a complaint or answer, typically before trial or after new evidence emerges. |
| Motion for Default Judgment | FRCP 55(b) | Filed when the opposing party fails to plead or otherwise defend; asks the court to enter judgment by default. |
| Motion to Compel Discovery | FRCP 37(a) | Seeks a court order requiring the opposing party to comply with discovery requests (e.g., interrogatories, document production). |
| Motion for Protective Order | FRCP 26(c) | Requests limitations on discovery to protect a party from annoyance, embarrassment, or undue burden/expense. |
| Motion in Limine | Inherent authority / FRE 103(d) | Requests the court to exclude certain evidence from being presented at trial due to irrelevance or prejudice. |
| Motion for Sanctions | FRCP 11 or 37(b) | Requests penalties for improper pleadings, frivolous claims, or discovery violations. |
| Motion for Class Certification | FRCP 23(c) | Filed in class actions to ask the court to certify a class of plaintiffs meeting Rule 23 criteria. |
| Motion for Preliminary Injunction / TRO | FRCP 65 | Requests immediate court action to prevent irreparable harm before or during trial. |
| Motion for Judgment as a Matter of Law (JMOL) | FRCP 50(a) | Made during trial, arguing no reasonable jury could find for the opposing party based on the evidence. |
| Renewed Motion for JMOL (JNOV) | FRCP 50(b) | Filed after verdict, asking the court to set aside the jury’s verdict for lack of sufficient evidence. |
| Motion for New Trial | FRCP 59(a) | Requests a new trial due to errors in procedure, evidence, jury misconduct, or newly discovered evidence. |
| Motion to Alter or Amend Judgment | FRCP 59(e) | Seeks reconsideration or modification of a final judgment. |
| Motion for Relief from Judgment | FRCP 60(b) | Asks the court to relieve a party from a final judgment due to mistake, fraud, or other extraordinary reasons. |
| Motion to Stay Proceedings | Inherent / FRCP 62 | Requests to temporarily halt proceedings or enforcement of judgment pending appeal or settlement. |
⚖️ II. Criminal Cases – Common Motions
| Motion Type | Rule / Statute | Description |
|---|---|---|
| Motion to Dismiss Indictment / Information | FRCrP 12(b) | Argues the indictment fails to state an offense, violates constitutional rights, or lacks jurisdiction. |
| Motion to Suppress Evidence | FRCrP 12(b)(3)(C) | Seeks exclusion of evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments (e.g., illegal search/seizure). |
| Motion to Sever Defendants or Charges | FRCrP 14 | Requests separate trials for co-defendants or counts to prevent prejudice. |
| Motion for Discovery | FRCrP 16 | Requests disclosure of prosecution evidence, witness statements, or expert reports. |
| Motion for Bill of Particulars | FRCrP 7(f) | Requests the prosecution to provide more detailed information about the charges. |
| Motion to Compel | FRCrP 16(d) | Seeks court order compelling the government to disclose evidence or comply with discovery obligations. |
| Motion for Change of Venue | FRCrP 21(a) | Seeks to transfer the trial to another district due to prejudice or inability to obtain an impartial jury. |
| Motion to Quash Arrest Warrant / Subpoena | FRCrP 17(c)(2) / Rule 4 | Argues that a warrant or subpoena was improperly issued or lacks probable cause. |
| Motion for Continuance | Inherent / Local Rules | Requests postponement of trial or hearing for additional preparation time or other cause. |
| Motion for Competency Evaluation | 18 U.S.C. § 4241 | Requests examination of the defendant’s mental competency to stand trial. |
| Motion for Judgment of Acquittal | FRCrP 29 | Made after the prosecution’s case or after verdict, asserting insufficient evidence for conviction. |
| Motion for New Trial | FRCrP 33 | Requests retrial due to newly discovered evidence or substantial trial errors. |
| Motion to Correct or Reduce Sentence | FRCrP 35 | Seeks correction of clear sentencing errors or reduction for substantial assistance. |
| Motion for Bail / Bond Review | 18 U.S.C. § 3142, § 3145 | Requests release or modification of detention conditions pending trial. |
| Motion for Post-Conviction Relief | 28 U.S.C. § 2255 | Filed by convicted defendants seeking to vacate, set aside, or correct a sentence. |
🏛️ III. Other Cross-Cutting Motions
| Motion Type | Rule / Statute | Used In | Purpose |
|---|---|---|---|
| Motion to Consolidate or Sever Claims | FRCP 42(a)-(b) | Civil | Combine or separate related cases or claims for efficiency or fairness. |
| Motion for Reconsideration | Local Rules / FRCP 59(e) | Civil/Criminal | Asks court to review an earlier ruling, often before appeal. |
| Motion for Substitution of Parties | FRCP 25 | Civil | Replaces a deceased or incapacitated party with successor or representative. |
| Motion for Contempt | Court’s Inherent Authority | Civil/Criminal | Seeks sanctions for violating court orders. |
| Motion for Appointment of Counsel / Expert | 18 U.S.C. § 3006A / FRCP 706 | Criminal/Civil | Requests the court to appoint counsel (criminal) or expert witness (civil). |
🧠 Quick Reference by Purpose
| Goal | Typical Motions |
|---|---|
| Dismiss case early | Motion to Dismiss, Motion for Summary Judgment |
| Exclude or control evidence | Motion in Limine, Motion to Suppress |
| Manage discovery | Motion to Compel, Motion for Protective Order |
| Correct procedural errors | Motion for New Trial, Motion to Amend Judgment |
| Manage trial or logistics | Motion for Continuance, Motion to Change Venue |
| Obtain immediate relief | Motion for TRO or Preliminary Injunction |
| Post-trial relief | Motion for JMOL, Motion for New Trial, Rule 60 Motion |
⚖️ I. Civil Motions – Federal (FRCP) and State Analogs
| Motion Type | Rule / Statute | When to File | Typical Filing Party | Outcome if Granted |
|---|---|---|---|---|
| Motion to Dismiss | FRCP 12(b)(1)-(7) | Before filing an answer (or early in the case) | Defendant | Case or specific claims dismissed (may be with or without leave to amend). |
| Motion for Judgment on the Pleadings | FRCP 12(c) | After pleadings close but before discovery | Either party | Judgment entered based solely on pleadings; ends case or narrows issues. |
| Motion for Summary Judgment | FRCP 56 | After discovery but before trial | Either party | Case or claims decided without trial; judgment entered as a matter of law. |
| Motion to Strike | FRCP 12(f) | Early in case (after complaint or answer) | Either party | Strikes immaterial, scandalous, or redundant allegations from pleadings. |
| Motion for More Definite Statement | FRCP 12(e) | Before answering vague pleading | Defendant | Forces opposing party to clarify vague allegations. |
| Motion to Amend Pleadings | FRCP 15(a) | Any time before final judgment | Either party | Allows updated or corrected pleadings to be filed. |
| Motion for Default Judgment | FRCP 55(b) | After opposing party fails to respond | Plaintiff | Judgment entered for plaintiff without trial. |
| Motion to Compel Discovery | FRCP 37(a) | During discovery disputes | Either party | Court orders compliance with discovery; may award fees. |
| Motion for Protective Order | FRCP 26(c) | During discovery | Either party | Limits scope, timing, or content of discovery. |
| Motion in Limine | FRE 103(d) / Inherent Power | Before or during trial | Either party | Excludes certain evidence from being introduced at trial. |
| Motion for Sanctions | FRCP 11, 37(b) | Any time misconduct occurs | Either party | Court imposes penalties (fees, dismissal, or other sanctions). |
| Motion for Class Certification | FRCP 23(c) | Early/mid litigation | Plaintiff | Class action certified; case proceeds on behalf of class. |
| Motion for Preliminary Injunction / TRO | FRCP 65 | Early in litigation when immediate harm is threatened | Plaintiff | Court orders temporary or preliminary relief to preserve status quo. |
| Motion for Judgment as a Matter of Law (JMOL) | FRCP 50(a) | During trial (after opposing case-in-chief) | Defendant | Court rules no reasonable jury could find for the nonmoving party. |
| Renewed JMOL (JNOV) | FRCP 50(b) | After verdict | Losing party at trial | Court sets aside jury verdict; enters judgment for movant. |
| Motion for New Trial | FRCP 59(a) | Within 28 days of judgment | Either party | New trial granted due to procedural errors or new evidence. |
| Motion to Alter or Amend Judgment | FRCP 59(e) | Within 28 days of judgment | Either party | Judgment modified or reconsidered. |
| Motion for Relief from Judgment | FRCP 60(b) | After judgment (within reasonable time) | Either party | Judgment vacated or modified for mistake, fraud, or extraordinary reason. |
| Motion to Stay Proceedings | FRCP 62 / Inherent Power | Pending appeal or related matter | Either party | Temporarily pauses proceedings or enforcement. |
| Motion to Consolidate or Sever Claims | FRCP 42 | Pretrial stage | Either party | Joins or separates related actions for efficiency or fairness. |
| Motion for Reconsideration | Local Rules / FRCP 59(e) | Shortly after adverse order | Either party | Court reexamines prior ruling; may affirm or reverse. |
| Motion for Substitution of Parties | FRCP 25 | Upon death or incapacity of a party | Either party | Successor or representative substituted into the case. |
| Motion for Contempt | Court’s Inherent Authority | When a party violates order | Either party or the court | Sanctions, fines, or other coercive relief imposed. |
⚖️ II. Criminal Motions – Federal (FRCrP) and State Analogs
| Motion Type | Rule / Statute | When to File | Typical Filing Party | Outcome if Granted |
|---|---|---|---|---|
| Motion to Dismiss Indictment / Information | FRCrP 12(b) | Before trial | Defendant | Charges dismissed; case or counts dropped. |
| Motion to Suppress Evidence | FRCrP 12(b)(3)(C) | Pretrial | Defendant | Illegally obtained evidence excluded. |
| Motion to Sever Defendants or Charges | FRCrP 14 | Pretrial | Defendant | Separate trials ordered to prevent prejudice. |
| Motion for Discovery | FRCrP 16 | Pretrial | Defendant | Government compelled to provide evidence, documents, or witness info. |
| Motion for Bill of Particulars | FRCrP 7(f) | Pretrial | Defendant | Government ordered to provide detailed statement of charges. |
| Motion to Compel | FRCrP 16(d) | During discovery | Either party | Court orders disclosure or production of evidence. |
| Motion for Change of Venue | FRCrP 21(a) | Pretrial | Defendant | Case transferred to another district for fair trial. |
| Motion to Quash Warrant / Subpoena | FRCrP 17(c)(2) | Before compliance required | Defendant or witness | Subpoena or warrant invalidated. |
| Motion for Continuance | Local Rules / Inherent | Pretrial or mid-trial | Either party | Trial postponed to later date. |
| Motion for Competency Evaluation | 18 U.S.C. § 4241 | Pretrial | Either party | Court orders psychiatric evaluation of defendant. |
| Motion for Judgment of Acquittal | FRCrP 29 | After government rests or verdict | Defendant | Charges dismissed for lack of sufficient evidence. |
| Motion for New Trial | FRCrP 33 | After conviction | Defendant | New trial granted. |
| Motion to Correct or Reduce Sentence | FRCrP 35 | After sentencing | Defendant or prosecution | Sentence modified or reduced. |
| Motion for Bail / Bond Review | 18 U.S.C. § 3142, § 3145 | Pretrial or post-arrest | Defendant | Release granted or conditions modified. |
| Motion for Post-Conviction Relief | 28 U.S.C. § 2255 | After conviction and appeal | Defendant | Sentence vacated, corrected, or set aside. |
| Motion to Exclude Witness or Testimony | FRE 403 / Inherent Power | Pretrial or during trial | Either party | Witness or testimony excluded from trial. |
| Motion to Preserve Evidence | Due Process / Brady obligations | Pretrial | Defendant | Court orders preservation of evidence. |
| Motion to Dismiss for Speedy Trial Violation | 18 U.S.C. § 3161 | Pretrial | Defendant | Case dismissed due to delay violating Speedy Trial Act. |
⚖️ III. Practical Grouping by Objective
| Objective | Key Motions |
|---|---|
| End case early | Motion to Dismiss, Summary Judgment, Judgment on Pleadings |
| Control or exclude evidence | Motion in Limine, Motion to Suppress, Motion to Strike |
| Discovery disputes | Motion to Compel, Protective Order, Sanctions |
| Case management / delay | Motion to Stay, Continuance, Change of Venue |
| Immediate relief | TRO / Preliminary Injunction |
| Post-trial relief | JMOL, New Trial, Rule 60(b), Post-Conviction Relief |
| Procedural corrections | Amend Pleadings, Substitute Parties, Reconsideration |
Related Articles
Common Motions Filed in California, Texas, Florida and New York State Courts and Timeline
Please verify with state and local rules and procedures 1. California Motion Type Governing Rule / Statute When to File / Serve Additional Notes / Outcome Noticed motion (general) California Code of Civil Procedure § 1005 & California Code of Civil ...US Federal Statutes of Limitation
Please consult FRCP and other relevant codes for verification. Do not blindly rely on this information. statutes of limitations periods for US Federal law under the Federal Rules of Civil Procedure (FRCP) and related federal statutes: FEDERAL CIVIL ...CaseFox/MatterSuite: Common Objections Used in US Courts
Fundamental Objections 1. Relevance Objections Irrelevant: Evidence doesn't relate to the case Materiality: Evidence doesn't affect substantial rights Cumulative: Evidence repeats already admitted evidence 2. Form/Objection to Question Argumentative: ...CaseFox/MatterSuite: Common Statutes of Limitations State Courts
Common legal statutes of limitations periods for California, Texas, Florida, New York, and Washington state courts: Please verify before relying on this information. CALIFORNIA Civil Matters Personal Injury: 2 years (CCP § 335.1) Wrongful Death: 2 ...The State-Specific Shield: Mastering the Motion in Limine in Texas, California, New York, and Florida
The motion in limine is a universal tool in American courtrooms, but its application, procedural nuances, and governing case law are profoundly shaped by state-specific rules and judicial interpretations. A strategy that succeeds in one jurisdiction ...