Movant

One who makes a motion before a court. The applicant for a judicial rule or order.

Generally, it is the job of the movant to convince a judge to rule, or grant an order, in favor of the motion. Rules and legal precedent within particular jurisdictions, as well as the type of motion sought, dictate the burdens of proof and persuasion each party must meet when a court considers a motion.

For example, one common type of motion is a motion for Summary Judgment. This motion is made shortly before a trial commences and is granted if the pleadings, depositions, answers to interrogatories, and affidavits indicate that no genuine dispute as to any material fact exists and that the movant is entitled to a favorable judgment as a Matter of Law. In other words, if the facts of the case are not disputed, it is easier, faster, and less expensive for a judge to simply rule on the legal issues that apply to those facts, avoiding a trial altogether.

A summary judgment movant in most jurisdictions has the burden of showing that no genuine issue of material fact exists and that, by law, the undisputed facts support a judgment in the movant's favor. But once the movant meets this burden, the opposing party is given a chance to refute the movant's argument. The opposing party will try to establish that there is a genuine dispute about a material fact in the case and that the law does not support a judgment in the movant's favor.

For example, assume a case in which a fashion model is suing a newspaper for publishing her picture without her knowledge or permission in an advertisement for a nightclub. Shortly before trial the newspaper makes a motion for summary judgment. The movant newspaper admits that the photograph of the model ran in the newspaper and that the newspaper did not have the model's permission to publish it. The newspaper argues, however, that the model has no right under current law to sue the newspaper, which merely sells space for advertisements, and that her only legal recourse is in suing the advertiser that placed the advertisement in the newspaper. Thus, the newspaper has argued that no material facts are in dispute. The movant has also shown that, given the incontestable material facts, the law would support a judgment in favor of the newspaper.

Now the burden shifts to the model, who must demonstrate the existence of a disputed fact that, if proven, would make the newspaper legally liable. She may do this by producing an affidavit—a sworn written statement—by a former newspaper employee alleging that the newspaper did not merely print the advertisement but actually created the advertisement with the model's picture for the nightclub. Because this material fact, if proven, could make the newspaper legally liable, the court would deny the movant's summary judgment motion.

In most jurisdictions the burden of producing evidence supporting the granting or denial of a summary judgment motion shifts between the movant and the opposing party, but the ultimate burden of persuading the court remains with the movant. A movant's burdens of proof and persuasion differ depending on the jurisdiction and the type of motion. In Hawaii, a movant in a criminal case seeking to have the trial continued or postponed because a witness is unavailable must show that the movant has exercised due diligence in finding the witness; the witness would provide substantial favorable evidence; the witness is otherwise available and willing to testify; and the movant would be materially prejudiced by a denial of the Continuance (State v. Lee, 9 Hawai'i App. 600, 856 P.2d 1279 [1993]). In Utah a movant requesting that the court set aside its Child Support award because of a judicial mistake in failing to use a required joint custody worksheet in computing the amount of child support need only demonstrate the existence of a judicial mistake. A denial of the motion by the trial court, without an explanation as to why it deviated from the joint custody worksheet requirement, was an Abuse of Discretion and was reversed and remanded by an appellate court (Udy v. Udy, 893 P.2d 1097 [Utah App. 1995]).

movant

n. the party in a lawsuit or other legal proceeding who makes a motion (application for a court order or judgment). (See: motion, move)

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References in periodicals archive ?

'We are, however, standing by our conviction that in so far as the subject securities and the related transactional activities are concerned, movant RHC is deemed to have dealer status within the contemplation of the Tax Code,' the resolution added.

DOJ junks Rappler plea

(4) In the event that the motion shall proceed to a hearing, the court may appoint counsel to assist the movant if the court determines that assistance of counsel is necessary and upon making the appropriate finding of indigence.

Amendments concerning post conviction DNA testing

The movant in McAskill did not initially file a motion for fees in the trial court (the county court),(12) but instead filed in the appellate court (the circuit court) about three months after an appeal from the final judgment had been initiated.

Post-judgment motions for attorneys' fees: time for a bright-line rule

"Without being too repetitious, this court finds that there is clearly no violation of movant's constitutional right to speedy disposition of her cases as the time it took the Ombudsman to complete the investigation and the time the plaintiff has prosecuted the instant cases before this court can hardly be considered an unreasonable and arbitrary delay," the resolution read.

Sandiganbayan denies Cebu solon's motion to quash charges against her

'In fine, the motion simply failed to disclose any cogent reason to warrant movant's desired reconsideration,' it added.

DOJ denies Rappler's bid to reverse indictment for tax evasion

A motion to correct an illegal sentence filed pursuant to subdivision (a) of this rule may be dismissed if the judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the movant or the attorney to assert those grounds in a prior motion constituted an abuse of the procedure governed by these rules.

Amendments to the rules of criminal procedure

The clerk then read the name of our movant attorney who approached the podium and verbally addressed the entire Supreme Court with his motion.

Joining the bar of the U.S. Supreme Court

Plaintiff may not conveniently renege on such duty to do so particularly as the movant, DLF, through its officers, had expressed its willingness to cooperate in the conduct of the ocular inspection and preservation of the assets," the resolution said.

Sandiganbayan orders PCGG: Check Marcos properties in Surigao

If the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected within 21 days after service of the motion, the movant may file the motion for attorney's fees as a sanction, as referenced in subdivision (b)(3), with the court (a) no later than the time for service of the reply brief, if applicable, or (b) no later than 30 days after service of the motion.

Amendments to the rules of appellate practice

"Accused movant ardently posits that this error is fatal to the validity of the mittimus order.

Sandiganbayan affirms Napoles' jail transfer

Roberts, Jr., and Law Center Professor Bruce Rogow served as movant for the group.

Twenty alumni

'This, however, does not foreclose the movant to seek recourse in the appropriate courts having proper jurisdiction to resolve the contractual disputes,' a portion of the Selection Committee's decision read.

Movant

Movant

Further readings

movant