Question 1

What is a motion?

Accepted Answer

Short answer: A motion is a written request asking the court to enter a specific order before or during litigation—such as to dismiss, compel discovery, or continue a hearing.

What the court expects: Motions must comply with formatting, notice, and hearing requirements. Many require supporting affidavits and proposed orders.

Practical steps: Identify the relief you need, the rule authorizing it, and the notice period before drafting.

Question 2

How do I write a motion to the court?

Accepted Answer

Short answer: A motion typically includes a caption, title, introduction, factual background, legal argument citing rules and authorities, requested relief, signature, and certificate of service.

What the court expects: Judges expect concise, organized arguments tied to a record. Attach exhibits referenced in affidavits. Local rules may limit page length.

Practical steps: Use the court's prior orders and opposing filings as templates for structure—not for copying arguments.

Earlier in this series: If you are working through this topic step by step, review "What is a motion?" before moving to related deadlines and filings.

Question 3

What is a motion for summary judgment?

Accepted Answer

Short answer: Summary judgment asks the court to decide a case or issue without trial when no genuine fact dispute exists on matters essential to the claim or defense.

What the court expects: Texas Rule 166a sets standards and response deadlines. Opponents must often file timely responses with specific evidence citations or risk losing.

Practical steps: If you receive a summary judgment motion, calendar the response deadline immediately—it is often shorter than you expect.

Earlier in this series: If you are working through this topic step by step, review "How do I write a motion to the court?" before moving to related deadlines and filings.

Question 4

What is a hearing on a motion?

Accepted Answer

Short answer: A motion hearing is a scheduled court appearance where parties argue a pending motion and the judge may rule from the bench or take the matter under advisement.

What the court expects: Notice requirements vary by motion type. Bring copies of the motion, response, key exhibits, and a short outline. Dress and conduct professionally.

Practical steps: Confirm whether the hearing is in person or remote, and test technology beforehand for virtual settings.

Earlier in this series: If you are working through this topic step by step, review "What is a motion for summary judgment?" before moving to related deadlines and filings.

Question 5

What is a proposed order?

Accepted Answer

Short answer: A proposed order is a draft order parties submit for the judge's signature if the motion is granted, often required by local practice.

What the court expects: Some courts require both granting and denying versions. The judge is not obligated to sign your draft verbatim.

Practical steps: Prepare proposed orders when you file the motion, not after the hearing when time is tight.

Earlier in this series: If you are working through this topic step by step, review "What is a hearing on a motion?" before moving to related deadlines and filings.

Question 6

What is a motion to compel?

Accepted Answer

Short answer: A motion to compel asks the court to order discovery responses and may seek sanctions for noncompliance after meet-and-confer efforts.

What the court expects: Texas discovery rules require good-faith efforts to resolve disputes before filing. Incomplete responses can draw fee awards.

Practical steps: Document every discovery attempt and deficiency in a log before moving to compel.

Earlier in this series: If you are working through this topic step by step, review "What is a proposed order?" before moving to related deadlines and filings.

Question 7

What is a motion in limine?

Accepted Answer

Short answer: A motion in limine asks the court to exclude or limit evidence before trial, often to prevent prejudice or improper argument.

What the court expects: Rulings may be tentative until trial when context emerges. Pro se parties should still understand what topics are off limits.

Practical steps: File in limine motions when scheduling orders set deadlines; late requests may be denied.

Earlier in this series: If you are working through this topic step by step, review "What is a motion to compel?" before moving to related deadlines and filings.

Question 8

What is a continuance?

Accepted Answer

Short answer: A continuance postpones a hearing or trial date, granted when good cause exists and balance of convenience favors delay.

What the court expects: Repeated continuances may be denied. Some courts require agreed continuance forms; others require written motions.

Practical steps: Request continuances as early as possible with specific reasons—not the day before without emergency grounds.

Earlier in this series: If you are working through this topic step by step, review "What is a motion in limine?" before moving to related deadlines and filings.

Question 9

How do I respond to the other side's motion?

Accepted Answer

Short answer: File a written response by the deadline, addressing each argument with facts and authorities, and appear at any scheduled hearing.

What the court expects: Some motions allow replies. Failure to respond can result in granted motions by default on legal sufficiency.

Practical steps: Calendar the response deadline when you are served with a motion—same day if possible.

Earlier in this series: If you are working through this topic step by step, review "What is a continuance?" before moving to related deadlines and filings.

Question 10

What is a hearing officer vs a judge?

Accepted Answer

Short answer: Some hearings are conducted by associate judges, hearing officers, or referees with delegated authority, whose recommendations or orders may be subject to review depending on court rules.

What the court expects: Justice and associate courts use varied titles. Know who will preside and what review rights exist from their rulings.

Practical steps: Read the notice carefully for the presiding official and courtroom number.

Earlier in this series: If you are working through this topic step by step, review "How do I respond to the other side's motion?" before moving to related deadlines and filings.

Motions and hearings

Motions path

Questions in this series