A legal motion is a formal request asking the court to issue a specific order or take a specific action. Motions are the primary mechanism through which litigators shape the course of litigation — from the initial motion to dismiss through motions in limine, motions for summary judgment, and post-trial motions. Each type of motion has its own procedural requirements, legal standards, and strategic considerations, but all share a common structure and purpose: persuading the judge that the law and facts entitle your client to the relief requested.
Effective motion practice requires mastery of two distinct skills: legal analysis and persuasive writing. You must identify the correct legal standard, marshal the facts and authorities that satisfy it, and present your argument in a way that makes the court confident in granting your request. Unlike an appellate brief, which is addressed to a multi-judge panel, most trial-level motions are addressed to a single judge who may have strong preferences about format, length, and citation style.
The most common mistake in motion writing is failing to meet the legal standard. Every motion implicates a specific standard that the court must apply — whether it is the plausibility standard for a motion to dismiss, the genuine dispute of material fact standard for summary judgment, or the abuse of discretion standard for discovery motions. Your motion must explicitly identify the standard and then show, element by element, how your argument satisfies it.
Document Structure
Caption
Identify the court, parties, case number, and the title of the motion.
Follow the exact format required by the court's local rules. The title should clearly state what relief you are seeking: 'Defendant's Motion to Dismiss for Failure to State a Claim Under Federal Rule of Civil Procedure 12(b)(6).' A clear title tells the judge immediately what is being asked.
Introduction
Provide a concise overview of the motion and the relief sought in 1-3 paragraphs.
The introduction should tell the judge in 30 seconds what the motion is about, why it should be granted, and what order you are requesting. Many judges read the introduction to decide how carefully to read the rest. Make it count — this is your chance to frame the entire motion.
Statement of Facts
Present the facts relevant to the motion in a persuasive but accurate narrative.
Cite to the record (declarations, deposition transcripts, exhibits) for every factual assertion. Present the facts in a light favorable to your client, but do not misrepresent anything. For summary judgment motions, present 'undisputed material facts' in numbered paragraphs as required by local rules.
Legal Standard
Set forth the legal standard the court must apply in deciding the motion.
Quote the controlling authority for the legal standard. For a 12(b)(6) motion, cite Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. For summary judgment, cite the Federal Rule and controlling circuit authority. This section should be concise — the judge knows the standard. You are demonstrating that you do too.
Argument
Apply the legal standard to the facts and explain why the court should grant your motion.
Use point headings that assert your position. Organize your argument to track the elements of the legal standard. For each element, state the rule, cite supporting authority, apply it to your facts, and address any counterarguments. Lead with your strongest point.
Conclusion / Prayer for Relief
State the specific order you are asking the court to enter.
Be precise about the relief sought. Instead of 'Defendant respectfully requests that the Court grant this motion,' write 'Defendant respectfully requests that the Court enter an order dismissing Counts I and III of the Complaint with prejudice for failure to state a claim upon which relief can be granted.' Specificity helps the judge and the clerk draft the order.
Do's and Don'ts
Do
- Explicitly state and apply the correct legal standard — do not assume the court will figure out which standard applies
- Cite to the record for every factual assertion and to authority for every legal proposition
- Use point headings that are full sentences asserting your position on each argument
- Anticipate and address the opposing party's strongest counterarguments
- Comply with all local rules regarding format, page limits, font, margins, and filing requirements
- Include a proposed order with your motion if the local rules require or permit it
Don't
- Do not file a motion without meeting and conferring with opposing counsel if the rules require it — courts will deny the motion on procedural grounds alone
- Do not raise arguments you cannot support with authority — frivolous arguments dilute your credible ones
- Do not exceed page limits — if you cannot make your argument within the limit, you need to tighten it, not request leave to file an overlong brief
- Do not misquote or mischaracterize authority — opposing counsel will point it out and the court will not trust you again
- Do not bury your strongest argument at the end — judges may not read that far if the first arguments are weak
- Do not use footnotes to smuggle in substantive arguments that do not fit in the body — courts disfavor this tactic
Before & After Examples
Before
The plaintiff's complaint should be dismissed because it does not state a valid claim.
After
Plaintiff's breach of contract claim (Count I) fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) because the Complaint does not allege the existence of a valid contract between the parties. Under Illinois law, a breach of contract claim requires: (1) the existence of a valid and enforceable contract; (2) performance by the plaintiff; (3) breach by the defendant; and (4) damages. Priebe v. Autobarn, Ltd., 240 F.3d 584, 587 (7th Cir. 2001). Here, the Complaint alleges only that the parties had 'discussions' and 'an understanding' regarding the proposed joint venture. (Compl. Paragraphs 12-15.) Discussions and understandings are not contracts — there is no allegation of offer, acceptance, consideration, or mutual assent to definite terms.
The improved version identifies the specific count being challenged, cites the governing rule, sets forth the elements of the legal standard, and then shows with specific references to the complaint why the standard is not met. The conclusory version provides no analysis the court can act on.
Before
We need more time for discovery because we haven't finished yet.
After
Defendant respectfully requests a sixty-day extension of the discovery deadline because three key depositions — those of the plaintiff's CFO, the third-party auditor, and the former controller — cannot be completed before the current September 15 deadline. Plaintiff's CFO is unavailable until October 3 due to previously scheduled international travel (Ex. A), the auditor's counsel has requested a protective order that remains pending before this Court (Dkt. 45), and the former controller was only identified as a witness through document production received on August 28. Defendant has diligently pursued discovery and has completed 12 of 15 noticed depositions. The requested extension will not prejudice Plaintiff, as the trial date is not set until March 2026.
The improved version explains precisely why the extension is needed, demonstrates diligence, identifies the specific depositions outstanding and why they could not be completed, and addresses potential prejudice to the opposing party. The vague version gives the court no reason to exercise its discretion in your favor.
Common Mistakes to Avoid
Failing to identify or apply the correct legal standard for the type of motion being filed
Not citing to the record for factual assertions, which makes the court unable to verify your claims
Filing a motion without complying with meet-and-confer requirements, resulting in denial on procedural grounds
Making conclusory arguments that state a conclusion without showing the analytical steps that support it
Exceeding page limits or violating local formatting rules, which signals carelessness to the court
Raising too many arguments, including weak ones, which dilutes the impact of your strong points