Pleadings and Motions
Motion Practice
Courts may hear argument on motions at their discretion or on request. Many motions are decided on the papers without argument, particularly in busy dockets.
Local rules govern how argument is requested.
Alternative Names:
Argument on Motion, Hearing on Motion
Why it Matters?
The value of argument lies in the questions, since a judge's questions reveal what actually concerns the court and permit addressing it directly rather than guessing from the briefing. Preparing for the two or three questions a skeptical judge would ask is more productive than rehearsing a presentation, because arguments that proceed as prepared remarks rarely change outcomes. Requesting argument on a close motion is generally worthwhile.
Frequently Confused with
Related terms
Frequently asked questions
What makes oral argument valuable?
How should counsel prepare?
