To draft a motion for court, you write a signed, written request that identifies the case, states the specific order you want the judge to enter, sets out the facts, cites the rule or statute that authorizes the relief, and then file and serve it under the court’s procedures. Federal Rule of Civil Procedure 7 requires every motion to be in writing (unless made at a hearing or trial), to state the grounds for the request with particularity, and to identify the exact relief sought.1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers The rest is structure, supporting papers, and local formatting.
Gather Your Information First
Before drafting, collect the details that populate every page. You need the complete case name and number, the full name of the court, the presiding judge, and the correct names and mailing addresses of all parties and their attorneys.
Then pin down the legal authority. Identify the specific rule, statute, or constitutional provision that entitles you to what you want. A motion to compel discovery rests on the discovery enforcement rules; a motion to dismiss might rely on a procedural rule about failure to state a claim. Knowing the basis before you start writing keeps the argument tight. Finally, write out the exact order you want the judge to sign. Vague requests invite vague denials.
Handle Any Meet-and-Confer Requirement Before You File
Some motions cannot simply be drafted and filed. Rule 37 requires a motion to compel to include a certification that you tried in good faith to resolve the dispute with the other side before bringing it to the judge. Skip that step and the court can deny the motion and order you to pay the other side’s expenses for having to respond.2Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery
Good faith usually means more than an email. Many local rules explicitly require a phone call or in-person meeting and treat one-sided correspondence as insufficient. Call opposing counsel, walk through the specific items in dispute, and document the conversation. If you resolve it, you’ve saved a filing. If not, you have a genuine certification to include.
The Parts of the Motion
Caption and Title
Every motion opens with a caption at the top of the first page: the court’s name, the names of the parties, and the case file number, in the same format used for pleadings.3Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers A caption error can send your filing back from the clerk or drop it into the wrong file.
Directly below the caption, use a descriptive title. “Plaintiff’s Motion to Compel Discovery Responses” or “Defendant’s Motion to Dismiss for Failure to State a Claim” tells the reader exactly what the document is. Skip vague labels like “Motion” or “Motion for Relief.”
Introduction and Statement of Facts
Open with a short paragraph identifying yourself and stating exactly what order you want the court to enter. A judge who reads only that paragraph should understand the request and why it matters.
Then present the facts in chronological order, neutrally. This is not the place for argument. In a motion to compel, walk through when discovery was served, when responses were due, what you received, and what you did to resolve the issue. The point is to lay out facts that, on their face, make the request look reasonable.
Legal Argument
Connect the facts to the law. Identify the rule or statute that authorizes the relief, then explain how the facts satisfy each element. Cite cases from courts within your jurisdiction where you can; a ruling from the same court or appellate district carries more weight than one from across the country. Break the argument into clear headings or numbered sections so the judge can follow it without rereading.
Conclusion, Prayer for Relief, and Signature
Restate your strongest points briefly, then state in plain terms the specific order you want entered. This prayer for relief should match what you said in the introduction.
Under Rule 11, every motion must be signed by an attorney of record or, if you are self-represented, by you personally, with your address, email address, and phone number. An unsigned motion gets struck from the record unless you correct the omission promptly after being notified.4Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
The Supporting Brief
Many courts require a separate memorandum of law (also called a brief or memorandum of points and authorities) filed alongside the motion. The motion makes the request; the memorandum provides the detailed reasoning and case citations. Some courts allow the argument to sit inside the motion itself. Check your court’s local rules before drafting — filing without a required supporting brief is one of the fastest ways to lose on a technicality.
Courts also set page or word limits. Fifteen to twenty-five pages for an opening brief is common in federal district courts. When a brief passes a certain length (often 25 to 35 pages depending on the court), some local rules require a table of contents and a table of authorities listing every case, statute, and rule cited. A table of contents is worth adding to anything over ten pages regardless.
Supporting Documents
A motion rarely stands alone. Expect to file the following with it:
- Exhibits: documents, photographs, emails, or other evidence backing your factual claims. Label each sequentially (Exhibit A, Exhibit B, or Exhibit 1, Exhibit 2) and refer to it by label in the body of the motion or brief.
- Affidavits or declarations: sworn statements from someone with personal knowledge of the relevant facts. Under 28 U.S.C. 1746, an unsworn written declaration signed under penalty of perjury has the same force as a notarized affidavit, so a notary is not required. Any affidavit supporting a motion must be served at the same time as the motion.5Office of the Law Revision Counsel. 28 U.S.C. 1746 – Unsworn Declarations Under Penalty of Perjury6Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
- Proposed order: a separate document drafted as if the judge has already granted the motion, ready for signature. Use the court’s standard order format and limit it to the specific relief requested.
- Certificate of service: a signed statement confirming you delivered copies of everything filed to every other party, listing the date, method, and the name and address of each person served.
Formatting and Redaction
Formatting is set by local court rules, so treat what follows as common starting points. Most courts want standard 8.5-by-11-inch paper, one-inch margins on all sides, a legible font such as Times New Roman in 12-point, and double-spaced body text. Page numbers usually sit centered at the bottom. The specific requirements live on the court’s website. Formatting that deviates from those rules can be rejected by the clerk before a judge ever sees it.
Rule 5.2 also requires redaction of certain sensitive information in federal filings: Social Security numbers, taxpayer identification numbers, birth dates, financial account numbers, and the names of minor children.7Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made with the Court The rule permits only the last four digits of Social Security and financial account numbers, only the year of birth, and only a minor’s initials. Court filings are public records, so anything left unredacted is exposed. Electronic filing systems typically require you to acknowledge these redaction responsibilities each time you log in.8United States Courts. Electronic Filing (CM/ECF)
Filing and Serving the Motion
Filing puts your motion and supporting documents into the court’s official record. Most federal courts use the CM/ECF (Case Management/Electronic Case Files) system. Attorneys file electronically through their PACER accounts. Some courts also let self-represented litigants register, though access policies vary by district; contact the local clerk’s office for specifics.8United States Courts. Electronic Filing (CM/ECF) Where e-filing is not available or not required, you can file by delivering copies to the clerk in person or by mail.
Service of a motion follows different rules than service of the original complaint. For motions and other papers filed after the lawsuit begins, Rule 5 controls, and it allows a party to serve the documents personally. If the other side has an attorney, you serve the attorney rather than the party. Acceptable methods include hand delivery, mailing to the last known address, or sending through the court’s e-filing system when the recipient is a registered user.9Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers In courts with mandatory e-filing, electronic filing often serves all other registered users automatically, though you still need a certificate of service documenting what was sent, when, and how.
After You File
A written motion and notice of the hearing must be served at least 14 days before the scheduled hearing date, and any opposing affidavits must be filed at least 7 days before the hearing. Many local rules set separate deadlines for the full opposition brief and allow the moving party to file a reply. Local rules generally override the general framework, so check them. If you were served by mail rather than electronically, three extra days are added to your response deadline.6Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
Not every motion gets an oral hearing. Federal courts may decide motions entirely on the written submissions.10Legal Information Institute. Federal Rules of Civil Procedure Rule 78 – Hearing Motions; Submission on Briefs When a hearing is scheduled, be ready to summarize concisely; the judge will have read the briefs and typically wants to focus on the harder points, not hear a recitation of the filing. A denial order usually explains the court’s reasoning, which tells you whether refiling with more support makes sense or whether a different approach is called for.
What Signing the Motion Actually Certifies
Signing is not a formality. Under Rule 11, the signature certifies four things: the motion is not filed to harass or delay; the legal arguments are supported by existing law or a reasonable argument for changing it; the factual claims have evidentiary support; and any denials of the other side’s facts are warranted by the evidence. A violation can lead to sanctions, from a warning to an order requiring payment of the other side’s attorney’s fees.4Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions Worth thinking about before you file.