Movant Law & Legal Definition


Movant or moving party or mover is one who makes a motion to court or a deliberative body. In other words an applicant for a judicial rule or order.

Generally, the movant should 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, a motion for summary judgment is properly granted when the evidence in support of the moving party establishes that there is no genuine issue of material fact to be tried. In most jurisdictions a summary judgment movant 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, also called the non-moving 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.