Practical Law Glossary Item w-001-5096 (Approx. 3 pages)
Glossary
Law and Motion
A term used in California state-court litigation referring generally to pre-trial motion practice and to certain other matters, such as proceedings to enforce a judgment, attach property, or compel arbitration (Cal. Rules of Court, rule 3.1103(a)).
Some judges will, for example, direct parties to schedule oral argument on their "law and motion" calendar. Some courts also have a separate "law and motion" department consisting of a judge (or judges) who hear certain pre-trial motions but do not preside over trials (for example, CA R SAN FRANCISCO SUPER CT Rule 8.1).