OneLs: Resources for Motion Practice

This list of resources is designed to help you start your research. It provides selected resources to help you write your motion and its accompanying memorandum of law. Remember to consult the statutes, rules of civil procedure, and local court rules for the requirements of the jurisdiction where you are filing your motion.

Additionally, if you have any questions at all during this assignment, please feel free to contact any of our reference librarians, many of whom have practiced law and all of whom have J.D.s. Good luck!

Guides to Drafting Motions & Sample Motions

Legal Method and Writing, 5th edition
Law Reserve KF 250 .C35 2006

  • Chapter 21 discusses Motions for Summary Judgment. Chapter 22 discusses Motions to Exclude Evidence before Trial. Both chapters explain the procedural context of the motions and how to draft the different parts of a motion and motion memorandum. Each chapter has sample motions with their accompanying memoranda of law.

Writing for Law Practice, 2nd edition
Law Reserve KF 250 .F352 2010

  • Chapter 4 discusses motions in great detail, including the types of motions and the components of each. This book also includes sample motions.

Professional Writing for Lawyers
Law Reserve KF 250.J64 1998

  • Chapter 7 discusses motions to dismiss, and chapter 9 details a process for rewriting and careful editing of a motion to dismiss.

Examples & Explanations: Legal Writing
Law Reserve KF 250 .L398 2011

  • Chapter 16 provides an overview of motions and briefs.

Legal Writing: How to Write Legal Briefs, Memos, and Other Legal Documents in a Clear and Concise Style
Law Reserve KF 250 .L44 2009

  • This book discusses style and tone of motions as well as their supporting papers. There are also highlights on:
    • motions for judgment notwithstanding the verdict
    • motions for a new trial
    • motions for post-trial relief
    • motions for summary judgment
    • motions to alter or amend the judgment
    • motions to compel production
    • motions to dismiss
    • motions to request a bill of particulars
    • motions to supress evidence

Advanced Legal Writing and Oral Advocacy: Trials, Appeals, and Moot Court
Law Reserve KF 250 .M873 2009

  • Chapter 2: Pretrial Motions
  • Chapter 3: Motions to Dismiss
  • Chapter 4: Motions for Summary Judgment

Legal Writing and Analysis
Law Reserve KF 250 .M8745 2009

  • This book briefly describes motions to compel, motions to dismiss, and post-trial motions.

Legal Reasoning and Legal Writing: Structure, Strategy, and Style, 6th edition
Law Reserve KF 250 .N48 2009

  • Includes discussion of various motions, including:
    • Case management motions
    • Motion for directed verdict
    • Motion for judgment notwithstanding the verdict
    • Motion for judgment as a matter of law
    • Motion for summary judgment
    • Motion to dismiss
    • Post-trial motions

Legal Writing
Law Reserve KF 250 .N484 2008

  • This book includes a sample memo in support of a motion for an order compelling arbitration.

Beyond the Basics: A Text for Advanced Legal Writing, 2nd ed.
Law Reserve KF 250 .R38 2003

  • Chapter 12 presents guidance on notices of motion, motions, and orders.

Synthesis: Legal Reading, Reasoning, and Writing, 3rd ed.
Law Reserve KF250 .S36 2007

  • Chapter 15 covers motion practice memoranda. Background on the purpose of motion memoranda and writing techniques is followed by an outline of the format and components of a motion memorandum.

Legal Writing and Other Lawyering Skills, 5th ed.
Law Reserve KF 250 .S38 2010

  • In addition to a motion checklist, this book includes information on:
    • Motions to compel discover
    • Motions to dismiss
    • Pre-trial motions
    • Motions for summary judgment

Writing and Analysis in the Law, 5th ed.
Law Reserve KF 250 .S53 2008

  • Chapter 17 covers memos in support of or in opposition to a motion.

Pretrial Litigation in a Nutshell, 5th ed.
Law Reserve KF 8900 .D47 2012

  • This book discusses motions for protective orders, motions to compel, and sanction motions. Chapter 11 is devoted to pre-trial motion practice. Motions for summary judgment also receive extensive treatment.

Fundamentals of Pretrial Litigation, 8th ed.
Law Reserve KF 8900 .H433 2008

  • This book provides extensive background on motions for pretrial ruling, motions to compel, and motions attacking the pleadings and jurisdiction.

Forms for Motions

Massachusetts Pleading and Practice (7 vol. loose-leaf)
Law Reserve KFM 2938 S92

  • Look in the Index under "Motions." There are dozens of references to motions in the text, many with sample forms. This set is organized by the number of the Massachusetts Rules of Civil Procedure.
  • Once you find a form in the book, find the electronic version on Lexis. Click on the "Massachusetts" link under "States - U.S." folder. Then click on "Massachusetts Pleading and Practice - Forms and Commentary" under "Treatises and Analytical Materials" folder.

Procedural Forms Annotated, Massachusetts Practice vols. 10-10C
Pappas Upper KFM 2480 .M3 vols. 10-10C

  • Chapter 55 (sections 2330-2470) covers motions under Rule 12. Chapter 98 (sections 4771-4808) discusses summary judgment.
  • Once you find a form in the book, find the electronic version on Westlaw. Go to the Directory and select "U.S. State Materials" and then "Massachusetts." Click on "Forms, Treatises, CLEs and Other Practice Materials" and then "MA Practice: Procedural Forms Annotated."

Criminal Defense Motions, Massachusetts Practice vol. 42
Law Mass Collection (Pappas Upper) KFM 2480 .M3 1998 vol. 42

  • Motions to dismiss are covered in chapter 9, motions to suppress evidence in chapter 10.
  • Once you find a form in the book, find the electronic version on Westlaw. Go to the Table of Contents and select "State Secondary Sources & Forms." Choose "Massachusetts" and click on "Massachusetts Practice Series." Scroll down to see "Criminal Defense Motions."

Manual of Federal Practice: Forms, 2d edition (loose-leaf)
Law Reserve KF 8840 .G562 1999

  • Chapter 4 covers preliminary motions. Forms are annotated for ease of use.

Forms on LexisNexis and Westlaw

LexisNexis: After signing on, click on a jurisdiction (Federal Legal or States Legal). Within each jurisdiction, there is a section labeled "Search Forms & Drafting Instructions." Within this folder, a publication containing sample forms should be listed.

Westlaw: The law school page includes a box with forms. If you want forms for a particular state, choose that state through the directory, and then look in the "Forms, Treatises, CLEs and Other Practice Materials" folder.

Forms on the World Wide Web

Many legal forms are available on the World Wide Web. Try these sites which contain mostly free forms:


Page maintained by: Steve Donweber
Last updated: January 2011