When it comes to a legal matter, a moving party is the individual or organization filing a legal motion, suit, or petition. Also known as a petitioner, complainant, or plaintiff, a moving party is generally the person/entity seeking some type of change or relief from the courts. When a dispute arises, the person or entity initiating the dispute is called the moving party. The opposing party is referred to as the responding party.
In order to make a successful motion, the moving party must provide proof or evidence to support their claim. The goal of the moving party is to prove that the responding party has breached a contract or otherwise is guilty of wrongdoing. It is the job of the responding party to counter the arguments of the moving party by providing evidence or a defense, in an effort to disprove the claims of the moving party.
Examples of Moving Party
An example of moving party is a lawyer who files a motion in a family law matter. If the motion is filed, that lawyer is the moving party and the other lawyer is the responding party. The moving party will provide evidence to support their motion, and the responding party will have an opportunity to respond. Another example is a business that seeks a court order to block a competitor’s product, in which case the business would be the moving party.
In short, a moving party is any individual or organization that initiates a legal motion in order to initiate a dispute and seek legal relief. The moving party will provide evidence to support their claim, and it is up to the responding party to provide evidence to the contrary.