Definition of a Motion

A motion is an application for relief other than by a pleading. It is a party's request to the court for an order or other action. A motion is not considered a pleading.

Types of Motions

Motions are categorized based on their nature and the requirement for hearing. Motions are classified into various types, including litigious, non-litigious, and special motions. Litigious motions generally require notice and hearing. Non-litigious motions, on the other hand, typically do not require a hearing and are resolved by the court within five (5) calendar days from receipt. Special motions are directed to the discretion of the court and may involve investigation of facts.

Examples include:

• Litigious Motions: Motion for bill of particulars, motion to dismiss, motion for new trial, motion for reconsideration, motion for execution pending appeal, motion to amend a responsive pleading already filed, motion to cancel statutory lien, motion for an order to break in or for a writ of demolition, motion for intervention, motion for judgment on the pleadings, motion for summary judgment, demurrer to evidence, motion to declare defendant in default.
• Non-Litigious Motions: Motion for the issuance of alias summons, motion for extension of time to file answer, motion for postponement, motion for the issuance of a writ of execution, motion for the issuance of an alias writ of execution, motion for the issuance of a writ of possession, motion for the issuance of an order directing the sheriff to execute the final certificate of sale.
• Special Motion: Motion for extension of time to plead.