Nonmoving Party Law and Legal Definition

A nonmoving party is the party to the lawsuit who is not the party who filed the motion under consideration. The moving party refers to the party who filed a motion with the court. Typically, the nonmoving party is the party who would oppose the motion being made by the moving party who filed the motion.

For example, when a party makes a motion for a summary judgment, the nonmoving party is the party who would stand to have his or her case dismissed if the moving party's motion for summary judgment is granted. In deciding a motion for summary judgment, all facts are viewed and all reasonable inferences are drawn in the light most favorable to the nonmoving party.