Want Your Motion to Actually Get Read in Court? Here’s What You Need to Know

First up—what the heck’s a motion?

Alright, imagine you’re in the middle of a court case, but there’s a little issue that needs sorting before the main thing happens. Maybe you’re trying to get a deadline pushed back. Maybe you want something excluded. That request? That’s your motion.

Basically, you’re putting your hand up and saying, “Hey Your Honour, before we dive in, can we deal with this one bit first?”

Sounds simple enough, yeah? But mate—there’s a bit more to it.

Thing is… it’s way trickier than it looks

Here’s the deal. Writing a court motion isn’t just telling your side of the story and hoping the judge goes, “Fair enough.” Nah. You’ve got to follow court rules—proper formatting, the right lingo, strict deadlines… and if you stuff any of it up? The court might not even read it.

And that’s without getting into the strategy side of things. Judges don’t have time for fluff. If your motion’s long-winded, vague, or—worse—irrelevant, it’s getting binned quicker than you can say “adjourned.”

So what actually makes a motion work?

Three big things:

1. It gets to the bloody point. Don’t dance around. Tell the court what you want them to do—and fast.

2. It leans on the law. You’ve gotta back it up. Don’t just say, “This isn’t fair”—show the judge why the law’s on your side.

3. It keeps it tight. No rambling, no side tangents, no dragging in every problem you’ve ever had with the other party. Stick to the bit that matters for this one motion.

Also—presentation. Sounds boring, but if it’s messy or hard to read? The court won’t thank you for it.

Common stuff-ups (and yeah, they happen all the time)

People trip over this process constantly. A few usual suspects:

• Too much waffle. You’re not writing a memoir. Keep it sharp. If you’re asking to extend a deadline, don’t go on a rant about your ex’s dodgy solicitor from two years ago.

• Missing the cut-off. Courts have deadlines, and they don’t muck around. Late motion? Tough luck.

• Forgetting the evidence. You can’t just say “X happened” and expect the court to nod along. Attach the invoice. Screenshot the email. Get an affidavit. Whatever backs it up.

“But I grabbed a free template online…”

Ah, look, you can. Sure. But that’s like printing off a recipe for lasagne and assuming you’ll nail it first go without checking if you’ve got cheese or, y’know, an oven.

Templates don’t account for your situation, your jurisdiction, or your court’s rules. One-size-fits-all? Never actually fits.

Honestly, this is where a decent litigation lawyer comes in handy. They’ve seen what flies—and what flops.

One thing people always overlook: tone

This always surprises people. The tone of your motion—how you come across on paper—really matters.

Go in too hard and aggressive? It can rub the court the wrong way. Be too vague or wishy-washy? You risk sounding unprepared or unserious.

What works? Calm. Clear. Focused. Basically, like someone who knows what they’re talking about and isn’t trying to score cheap points.

Also: don’t stretch the truth. Judges can spot it a mile off.

Quick tip: keep it relevant

There’s this temptation to throw in the kitchen sink—“while I’ve got the judge’s attention, might as well mention these 47 other things…” Don’t.

Each motion should deal with one issue. Not two. Not three. One. Save the rest for another day.

What happens after it’s filed?

Here’s where it gets a bit procedural. After you file it (online, in person—depends on the court), the other side usually gets to respond. Sometimes there’s a hearing where both sides put their case. Other times, the judge might decide based on the paperwork alone.

Either way—you want your motion to be the strongest piece of paper in the stack. Clean, persuasive, and legally tight.

Bit of a reality check…

Writing a decent motion takes time. Patience. Legal know-how. It’s not something you can bang out in half an hour with a cuppa and a template from Reddit.

If the motion’s about something small—maybe rescheduling a date—you might manage. But if it’s bigger? Like asking the court to throw out evidence or make temporary orders?

You really don’t want to go it alone.

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FAQs

How long should a court motion be? As short as possible, while still covering what needs covering. Think tight, not thin.

Do you always need evidence? If your motion relies on facts (which most do), then yep—you need to back those up with actual documents.

Can the other party stop my motion? They can respond, object, and argue against it—but the final call’s up to the judge.

What if I make a mistake in the motion? Depends how bad it is. You might be able to amend it, but honestly, better to get it right first go.

Is a motion the same as an affidavit? Not quite. A motion asks the court for something. An affidavit is a sworn statement of facts—often filed with the motion.

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Need backup?

If your case is heading to court and you’re not sure how to put your best foot forward, it’s smart to talk to someone who handles litigation every day. A good litigation lawyer—like the team at Sachs Gerace Lawyers—knows how to draft motions that actually get noticed, not tossed in the “too hard” pile.

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Disclaimer: This article provides general guidance only. Always seek legal advice tailored to your circumstances.