Movant

(redirected from movants)

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]).

Further readings

Foremaster, Gary T. 1987. "The Movant's Burden in a Motion for Summary Judgment." Utah Law Review 1987.

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)

See: petitioner
References in periodicals archive ?
Discovery is suspended pending a decision on the motion, except that with leave of court for good cause shown, discovery is permitted on whether the movants' acts are not immunized from liability under the act.
different on movants (lacking the burden of proof at trial) at summary
Section B.2 evaluates these objections, including those based on fears of granting movants a windfall and of significantly increasing the number of Rule 11 motions filed in the district courts, and concludes that they too are unpersuasive.
The Supreme Court, however, held that such affidavits did not meet the movants' burden because they failed "to explain what did cause Mrs.
Based on the four-page petition signed by De Luna, and driver-operators Elmer Ergina and Modesto Orcino, the movants noted that the latest increases on prices of petroleum products, as well as basic goods and commodities, it is now difficult for the drivers and operators to make ends meet.
Suter, addressed both the applicants and the movants, giving specific and detailed instructions as to when to sit, when to stand, when to speak, and when to remain silent.
'The Court thru (sic) the presiding [judge] is of considered opinion that whatever may be the disposition of the court, even guided and applicable jurisprudence, when adverse to the movants, will always entertain such state of mind on their part that they will not obtain any fair trial,' he wrote.
'Wherefore, the court maintains its finding of the existence of probable cause against accused movants,' it added.
'Based on the above-mentioned circumstances appearing in the record of these cases, the Court finds that the accused- movants are probably guilty of the crimes charged; hence,they must be arrested and brought to trial,' the court said.
'Only now, when Inocentes has finally obtained a favorable decision, did accused movants belatedly invoke this right that they have complacently sat on for so long,' read the resolution.
Doing so would better equip trial counsel with the knowledge of how to try a case effectively and ease the burden of movants in post-conviction relief cases.
Movants should endeavor to state arguments to strike defenses with specificity and particularity.