If you’re involved in a lawsuit, you’ve probably heard lawyers mention ‘motions’ — but what do they actually mean?
The term confuses many people. I see it a lot in my practice. Clients ask what motions are and how they impact their case. In a nutshell, motions are requests to the judge during a case.
This brief guide will walk you through the most common types of motions in civil court. Expect clear insights to help you understand what lies ahead. Knowledge eases the stress of navigating litigation. In this article we will cover:
What Is a Motion in Civil Court?
A motion in civil court is a formal request to a judge. Parties use it to resolve specific issues during a lawsuit.
Either the plaintiff or the defendant can file a motion. Judges decide based on Ontario’s Rules of Civil Procedure, which ensure fairness and efficiency. Motions occur at various stages: before trial, during hearings, or after decisions. They address disputes without always needing a full trial. Parties serve notice with supporting materials like affidavits. Opponents respond with arguments. Courts may hold hearings or decide on written submissions.
Motions carry weight. They can shift case direction or resolve it entirely. I’ve guided clients in my 35+ years of practicing law. Preparation makes a difference. Strong arguments rely on clear facts and legal rules.
Common Types of Motions in Civil Court
Motion to Dismiss
One common type of motion is the motion to dismiss. It’s where a party, usually the defendant, asks the court to throw out the case. Reasons for ending the case include lack of legal basis and improper service. Defendants have a tendency to file this early. As success stops the lawsuit outright, plaintiffs must respond quickly to avoid dismissal.
Rule 21 in Ontario allows claims to be struck if they lack a reasonable cause. Courts review pleadings closely, with a strong focus on legal sufficiency. Weak claims can collapse at this stage, while solid drafting prevents such outcomes. Costs may penalize unsuccessful parties. Thus, it’s important to assess the strength of a claim before filing.
Motion for Summary Judgment
Another frequent request is the motion for summary judgment. This asks the judge to rule without a trial and applies when no genuine issue of fact requires full evidence at a trial. Both sides submit affidavits and documents. Judges then assess whether the facts support a decision without the need for a trial. Rule 20 governs this process in Ontario. Plaintiffs use it to speed up valid claims. Defendants counter weak ones.
The timing of summary judgment motions often follows discoveries, where information exchange clarifies each party’s position. Victory saves time and costs. Recent rule changes emphasize proportionality, so you benefit greatly from a thorough review of all relevant material.
Motion to Compel
Discovery disputes trigger the motion to compel, one of the types of motions in civil court. Parties exchange information during litigation. If one side withholds documents or answers to proper questions, the other seeks court help. Judges order production if items are relevant. Rule 30 covers document disclosure. Rule 31 deals with examination refusals.
Because non-compliance risks penalties like struck pleadings, it is best to cooperate fully. Forcing disclosure commonly reveals key facts necessary for the case. Persistent disputes only raise costs unnecessarily. Courts favour full disclosure for fairness. That makes it crucial to carefully document all requests to build a strong record.
Motion for Default Judgment
If a defendant ignores the claim, a motion for default judgment arises. Plaintiffs file this when no defence appears by deadlines. It allows courts to grant judgment without opposition. Rule 19 outlines the process, which begins with noting in default.
A motion to set aside the default judgment is needed to revive a case after default. I warn clients against delays; oversight causes defaults. Courts consider delay reasons and defence merits for reversing a default judgment. You protect rights by monitoring timelines closely.
Motion for a New Trial or Reconsideration
After a decision, a motion for a new trial or reconsideration emerges. Parties challenge judgments for errors or new evidence. Rule 59 allows new trials in Ontario. Rule 37.14 permits correcting minor errors. Appeals differ, involving higher courts.
Other Common Types of Motions in Civil Court
Other motions address procedural needs. Requests to adjourn delay hearings, while courts balance convenience and prejudice. Venue changes under Rule 13 move cases to different venues. Sanctions punish rule breaches, Rule 26 amendments fix pleadings, and Rule 56 provides for security for costs. Each resolves specific hurdles. Advice is tailored to the specific case.
What to Do if You’re Facing a Motion
Facing a motion requires swift action on your part. Deadlines demand prompt responses. Missing one risks automatic losses or dismissal, so gather evidence and draft replies promptly.
Self-representation is risky, as complex rules can be quite challenging for novices. I recommend consulting a lawyer without delay. They can assess merits and craft strategic replies. My experience confirms that professional input enhances outcomes and gives you the best chance of protecting your rights. Researching precedents builds compelling arguments to strengthen your case.
Motions Are Important in a Lawsuit
Motions shape lawsuits in a big way. They speed up or delay cases, control evidence inclusion, and can even decide the case without a trial. Preparation drives results. Understanding the types of motions in civil court empowers you with knowledge. But legal nuances still require expertise.
Every motion can impact the outcome of your case. Contact Allan Rouben to speak with a skilled civil litigation lawyer and learn about your options.