Moving Party

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A term which refers to a party in a case who is making a motion. For example, if a plaintiff in a civil case moves for summary judgment, the plaintiff is considered the moving party. This term is interchangeable with movant. A non-movant is a party who opposes the initial motion. A party may also become a cross-movant by making a cross motion, which is a request that the court deny the initial motion and grant an opposing motion. As the court weighs whether it should grant relief sought by a moving party, it is sometimes required to construe facts in a way that favors one party or another. When a moving party moves for summary judgment, for example, the court must view the evidence before it in a light favorable to the non-moving party.

[Last updated in July of 2020 by the Wex Definitions Team]