Notice of Motion Law and Legal Definition
Notice of motion is a written notice that a party to the lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time. Motions are requests made to the court to issue a ruling or order on a legal matter. It is typically used to resolve procedural issues.
According to USCS Fed Rules Civ Proc R 5(a) a notice of motion is to be served to all parties except one that may be heard ex parte. A notice of motion can be issued for discovery disputes, issues of the excludability of evidence, dismissal of the case, or for a summary judgment.Pursuant to Ga. Unif. Super. Ct. R. 6.5, “upon any motion for summary judgment pursuant to the Georgia Civil Practice Act, there shall be annexed to the notice of motion a separate, short and concise statement of each theory of recovery and of each of the material facts as to which the moving party contends there is no genuine issue to be tried. The response shall include a separate, short and concise statement of each of the material facts as to which it is contended there exists a genuine issue to be tried”.