Legal Definitions - Moving Party

Definition: A moving party is a party in a legal case who makes a motion. This means they are asking the court to do something, like grant a summary judgment. The non-moving party is the party who opposes the initial motion. A cross-movant is a party who makes a cross motion, which is a request that the court deny the initial motion and grant an opposing motion. When the court weighs whether to grant relief sought by a moving party, it may have to interpret facts in a way that favors one party or another.

In a civil case, the plaintiff may move for summary judgment. This means they are asking the court to rule in their favor without a trial. In this case, the plaintiff is the moving party. The defendant is the non-moving party, as they are opposing the motion for summary judgment. If the defendant also makes a motion, they become a cross-movant.

Another example could be in a criminal case, where the prosecution may move to admit certain evidence. In this case, the prosecution is the moving party, and the defense is the non-moving party.

These examples illustrate how the moving party is the party who initiates a motion, while the non-moving party opposes it. The court must carefully consider the arguments of both parties before making a decision.