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Simple English definitions for legal terms
substantive motion
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A quick definition of substantive motion:
A substantive motion is a request made in court asking for a specific ruling or order. It can be written or spoken. There are different types of motions, such as a motion to modify or a motion for new trial. Some motions can be made without notifying the other party, while others are likely to be contested. A speaking motion is one that brings up new issues not previously mentioned.A more thorough explanation:
A substantive motion is a written or oral request made during a court proceeding that seeks a specific ruling or order. It is a motion that directly relates to the merits of the case and is not just a procedural matter.
For example, a motion for summary judgment is a substantive motion because it asks the court to make a ruling on the merits of the case, while a motion to continue a court appearance is a calendar motion and not a substantive motion because it only relates to the timing of the proceeding.
Another example of a substantive motion is a motion to modify a court order, which asks the court to change a previous ruling on child support or visitation. This type of motion directly affects the outcome of the case and is not just a procedural matter.