I. Introduction
A court motion in Georgia is one of the principal procedural tools available to a party during civil litigation. Through a motion, a claimant, defendant, or another authorized participant may ask the court to take a specific procedural step—for example, to obtain evidence from a third party, summon a witness, grant additional time to submit an expert opinion, join a third party, adjourn a hearing, or take another action permitted by law.
The fact that a motion has been filed does not mean that the court must grant it. Under the Civil Procedure Code of Georgia, a motion must be reasoned, identify the specific relief requested, and explain the factual and legal basis for that request. As a general rule, procedural motions should be submitted in writing.
Official Georgian court forms follow the same approach. A motion is treated as a request to the court to carry out a particular procedural action, and each request should be formulated clearly, concisely, and with appropriate justification.
A properly prepared court motion in Georgia may be particularly important for obtaining evidence, preparing the case effectively, and exercising procedural rights within the applicable deadlines.
For a broader overview of civil and commercial disputes, court proceedings and representation, see our Litigation in Georgia practice page.
II. What Is a Court Motion in Georgia?
A court motion in Georgia is a request by a participant in proceedings asking the court to perform a specific procedural action or issue a procedural ruling.
For example, a party may need a document held by a bank, government authority, company, or other third party and may be unable to obtain it independently. In such a case, the party may ask the court to obtain the evidence.
A motion may also request that a witness be summoned, additional time be granted to obtain an expert opinion, or evidence be preserved where there is a risk that it may later become unavailable.
A motion should be distinguished from the principal claim. In a statement of claim, the claimant seeks protection of a substantive civil right—for example, payment of money, recognition of ownership, or cessation of interference. A court motion in Georgia, by contrast, addresses a procedural issue arising within the proceedings.
This distinction is important because the legal requirements and consequences of a procedural motion differ from those applicable to the underlying civil claim.
For the requirements governing the principal pleading itself, see Statement of Claim in Georgia – Form, Content and Filing Requirements.
III. In What Form Should a Court Motion Be Filed?
As a general rule under Article 215 of the Civil Procedure Code, a court motion in Georgia should be submitted in writing.
An exception may arise where a new material circumstance emerges during the hearing and the motion becomes necessary because of that new circumstance. In such a case, the motion may be raised during the court hearing.
This distinction has practical importance. A party should not postpone a procedural request that was known in advance merely because it may appear easier to raise it orally at a hearing.
For example, if it is already known during the preparatory stage that a necessary document is held by a third party, the appropriate motion should ordinarily be prepared and filed in writing at that stage.
The Code also requires similar motions to be submitted together where appropriate. This supports efficient case management and helps prevent procedural requests from being used to delay proceedings.
IV. What Should a Court Motion Contain?
There is no single universal format applicable to every court motion in Georgia, because procedural requests can concern very different issues.
However, an effective motion should generally identify the court and the case, state who is making the request, and clearly formulate the procedural action sought.
The most important part is the reasoning. The motion should explain why the requested action is necessary and should focus on circumstances directly connected with the request.
A practical structure is:
what the court is asked to do → why the action is necessary → which factual issue it concerns → which procedural rule or principle supports it → what document or other material demonstrates the need for the request.
For example, a general request stating “please obtain information from the bank” may be insufficient if it does not explain what information is required, what fact it is intended to prove, and why the party cannot obtain it independently.
A strong court motion in Georgia should therefore allow the judge to understand immediately what is requested and why the request matters to the case.
V. How Should a Court Motion Be Drafted?
The structure of a court motion in Georgia may generally include the name of the court, the case number, the party’s details, the title of the document, the specific request, factual and legal reasoning, any attachments, the date, and signature.
The requested procedural action should preferably be clear from the beginning of the document.
The reasoning can then explain why the action is relevant and necessary.
The official forms used by Georgian courts follow a similar approach, particularly for evidentiary requests: the relief sought should be concise and clearly expressed, while separate requests should be presented individually and in a logical sequence.
This structure is particularly useful where several procedural issues need to be addressed in the same case.
VI. When Should a Court Motion Be Filed?
A court motion in Georgia should generally be filed when the need for the requested action becomes known and while that action can still be carried out effectively.
Timing is especially important for motions relating to evidence.
Under Article 215 of the Civil Procedure Code, a request to submit or obtain new evidence at the main hearing may be considered only where certain conditions are met. These may include situations in which the party was unable to submit the evidence during the preparatory stage, could not reasonably have known of it earlier, the grounds for submitting it arose later, or a valid reason prevented timely filing.
Supreme Court practice also emphasizes that late requests concerning new evidence must generally be supported by a valid or objective explanation.
Accordingly, a party should consider at the statement-of-claim or defence stage which procedural requests may later become necessary. A delayed court motion in Georgia may be more difficult to justify if the need for it was apparent from the beginning.
The broader first-instance filing process, including jurisdiction, procedural deadlines and court fees, is explained in Filing a Lawsuit in Georgia – Procedure, Deadlines and Court Fees.
VII. What Is Considered a Valid Reason for Delay?
A valid reason may become important where a party failed to file a court motion in Georgia at the ordinary procedural stage.
Article 215 refers to circumstances independent of the party that genuinely prevented the relevant procedural action from being taken. Depending on the circumstances, examples may include serious illness, the death of a close relative, or another exceptional objective event.
A general reference to illness will not necessarily be sufficient. Where relevant, the circumstance should be supported by appropriate documentation and should demonstrate that the condition actually prevented attendance at court or timely performance of the procedural act.
The question is therefore not merely whether a difficulty existed, but whether it objectively prevented timely action.
VIII. Motion to Obtain Evidence
One of the most common forms of court motion in Georgia is a request for the court to obtain evidence held by another person or institution.
Under Article 102 of the Civil Procedure Code, each party must prove the circumstances on which its claim or defence is based.
As a general rule, the parties themselves submit evidence. However, where a party cannot directly obtain specific evidence, the court may obtain it from the person who holds it upon a properly reasoned motion.
The evidence may include bank records, internal company documents, information held by an administrative authority, or other written material in the possession of a third party.
The request should identify the specific evidence, explain which fact it is intended to establish, identify the person or entity believed to hold the material, explain why the applicant could not obtain it independently, and state the basis for believing that the evidence is held by that person.
A court motion in Georgia seeking evidence should therefore be specific rather than exploratory.
For a broader discussion of the burden of proof, admissibility, documentary and electronic evidence, witnesses, experts and production of evidence, see Evidence in Civil Proceedings in Georgia.
IX. When Can the Court Refuse to Obtain Evidence?
A motion will not be granted simply because a party asks the court to obtain a document.
The court must be able to see that the requested material is relevant to an issue that matters to the resolution of the case.
Under Article 104 of the Civil Procedure Code, the court does not admit or obtain evidence that is irrelevant to the dispute.
Accordingly, a request should not be framed as an attempt to obtain every available document and determine later whether any of them may be useful.
A court motion in Georgia requesting evidence should demonstrate a direct connection between the evidence sought and a specific disputed fact.
This improves both the prospects of the request being granted and the overall efficiency of the proceedings.
X. Motion for Additional Time to Submit Evidence
A party may sometimes know about particular evidence when filing a claim or defence but may be objectively unable to obtain it immediately.
In such circumstances, a court motion in Georgia may request a reasonable additional period for submission.
The request should identify the specific evidence, explain why it cannot be produced immediately, provide the reason for the delay, and indicate the period within which the party expects to obtain it.
A general statement such as “please grant additional time to obtain evidence” may be insufficient.
The court should be able to understand which evidence is being obtained, why additional time is necessary, and how much time is reasonably required.
XI. Motion for Preservation of Evidence
A motion to obtain evidence should be distinguished from a request to preserve evidence.
Preservation of evidence is relevant where there is a reasonable concern that evidence may later become unavailable or substantially more difficult to obtain.
Under Article 109 of the Civil Procedure Code, an interested person may ask the court to preserve evidence in advance where such a risk exists. Importantly, this type of court motion in Georgia may be filed even before the principal lawsuit has been commenced.
For example, it may be necessary to question a witness whose future availability is uncertain or inspect physical evidence whose condition may change.
The request should identify the evidence to be preserved, the fact it is intended to establish, and the reason why future access to that evidence may become impossible or difficult.
XII. Motion to Summon a Witness
A request to summon a witness should contain more than the witness’s name.
An effective court motion in Georgia should explain which specific factual circumstance the witness can address and why that circumstance is material to the dispute.
The official Georgian court forms follow the same principle. When identifying a witness, expert, or specialist, the party should specify the factual matters for which that person’s participation is requested.
For example, instead of merely asking the court to summon a particular person, the motion should explain that the proposed witness was present during delivery of goods under the contract and can testify regarding that specific event.
This allows the court to assess the relevance of the requested testimony.
XIII. Motions Relating to Expert Evidence
Some disputes involve issues that require specialized knowledge.
Under Article 162 of the Civil Procedure Code, the court may appoint an expert where the statutory conditions are met. Parties may also obtain expert opinions independently.
A party filing a claim or defence may therefore need a court motion in Georgia requesting time to submit an expert opinion or, where appropriate, seeking another procedural step related to expert evidence.
The request should explain which issue requires specialized knowledge and why the expert opinion is relevant to the outcome of the case.
Typical examples may involve construction quality, valuation, engineering issues, financial calculations, handwriting analysis, or other technical matters.
XIV. Motion for Interim Measures
A court motion in Georgia may also concern temporary measures intended to protect the effectiveness of future judicial relief.
Where there is a risk that enforcement of a future judgment may become difficult or impossible, the claimant may seek measures such as attachment of property, prohibition of certain actions, or another appropriate interim restriction.
Such applications are subject to specific statutory requirements and are considered under a special procedural regime rather than the general rules applicable to ordinary motions.
The applicant must therefore assess the actual enforcement risk, the relationship between the proposed measure and the underlying claim, and the proportionality of the restriction requested.
The applicable rules on asset freezing, property attachment, proportionality, cancellation and the special five-day appeal procedure are discussed in Securing a Claim in Georgia – Interim Measures, Application, Cancellation and Appeal.
XV. Other Types of Court Motions in Civil Proceedings
Procedural requests are not limited to evidence.
Depending on the circumstances of the case, a court motion in Georgia may concern joinder of a third party, recusal of a judge, adjournment of a hearing, appointment of an interpreter, admission of a document into the case file, suspension of proceedings, or another procedural matter.
The official civil court forms expressly provide space for other types of motions, including requests relating to third parties.
Each request should be formulated separately, clearly, and with supporting reasoning.
A universal template can therefore provide only a technical framework. The substance of a court motion in Georgia should always be adapted to the factual and procedural situation of the particular case.
Where the underlying dispute concerns an administrative authority or another public-law relationship, separate rules may apply. See Administrative Claim in Georgia – Types, Form, Deadlines and Admissibility.
XVI. Can the Court Refuse to Consider an Unreasoned Motion?
Yes.
Article 215 of the Civil Procedure Code gives the court tools to prevent abuse of procedural rights.
Where the judge considers that a motion is intended to delay the proceedings, the court may reject or remove the request from consideration. Where a party systematically uses motions to obstruct or prolong the case, the court may restrict that party’s ability to raise further motions and proceed to the next stage of the proceedings.
The Supreme Court of Georgia has also explained that the person filing a motion bears the responsibility of providing proper reasoning and demonstrating a genuine basis for granting the request.
Filing a large number of motions is therefore not in itself an effective procedural strategy. A useful court motion in Georgia is timely, relevant, and properly reasoned.
XVII. Can Refusal of a Motion Be Appealed?
Not every refusal of a court motion in Georgia can be challenged separately.
In Supreme Court case №ას-932-2021, the Court explained that where procedural law does not provide an independent right to appeal the ruling issued on a particular motion, the party may raise the relevant objection when appealing the final judgment.
There are, however, specific situations in which the Code expressly allows an interlocutory ruling to be challenged separately.
For example, a special appeal regime applies to certain rulings concerning interim measures.
Accordingly, whether refusal of a court motion in Georgia can be challenged immediately must be determined by examining the specific rule governing that particular procedural issue.
For the general system of reviewing judgments and procedural rulings, including appellate and cassation deadlines, see Appealing a Court Decision in Georgia – Procedure and Deadlines.
Where the issue concerns preparation and filing of the ordinary appellate document itself, see Appeal in Georgia – Form, Deadline and Filing Procedure.
XVIII. How Are Court Motions Connected with Preparing a Claim?
Many important procedural requests should be identified before the case is filed.
If a claimant already knows that a critical document is held by another person, that an expert opinion will require additional time, or that a particular witness will be needed, postponing these issues until a later hearing may create avoidable procedural risk.
For this reason, the official civil claim form contains sections dealing specifically with evidentiary and other procedural motions.
A court motion in Georgia should therefore form part of the broader litigation strategy rather than being considered only after problems arise during the proceedings.
Early identification of procedural needs may help ensure that evidence is obtained and presented at the stage at which the court can properly consider it.
XIX. Can a Poorly Prepared Motion Affect the Outcome of the Case?
Yes. A court motion in Georgia can determine whether important evidence enters the case file, whether a witness is heard, whether the court obtains a third-party document, or whether a party is allowed to take another necessary procedural action.
For example, if a party cannot independently obtain critical evidence and also fails to ask the court to obtain it in a timely manner, the party may later be unable to prove a fact for which it bears the burden of proof.
Failure to comply with procedural deadlines or court instructions may also result in more serious consequences.
In specific circumstances, failure to perform a required procedural action may contribute to a claim being left without consideration.
The grounds, consequences, limitation risks and rules on refiling are discussed separately in Dismissal of a Claim in Georgia – Grounds, Consequences and Refiling.
However, not every unsuccessful or defective motion produces such a result. Leaving a claim without consideration requires a specific statutory basis.
XX. Common Mistakes When Preparing Court Motions
A common problem is an excessively general request. The court should be able to determine precisely what procedural action the party wants it to take.
Another issue is inadequate reasoning. A court motion in Georgia should not merely state the requested action; it should explain the factual and legal basis for granting it.
Including circumstances unrelated to the request may also weaken the motion. Article 215 requires the reasoning to focus on matters directly connected with the procedural issue being raised.
Late filing is another common risk, particularly where the motion concerns submission or production of evidence. Where the request is raised after the preparatory stage, the party may need to explain why it could not have been made earlier.
Finally, a party should avoid asking the court to obtain documents that it could reasonably obtain itself without explaining why judicial assistance is necessary.
XXI. How to Prepare an Effective Court Motion in Georgia
An effective court motion in Georgia may be short, but it should never be vague.
From the document, the court should immediately understand four issues: what the party requests, why the request is made, how it relates to the dispute, and what material demonstrates that the procedural action is necessary.
For a request to obtain evidence, the specific evidence and relevant fact should be identified. For a witness, the motion should state what the witness can prove. When requesting additional time, the party should explain why the action could not be completed earlier and how much additional time is required. If adjournment is requested, the objective circumstance preventing the hearing from proceeding should be described.
The overall purpose is the same in each case: a court motion in Georgia should give the judge sufficient information to make a reasoned decision on the procedural issue.
XXII. Legal Assistance with Court Motions in Georgia
TB Legal is a Georgian law firm assisting individuals and companies with procedural strategy in civil and commercial disputes, preparation of court documents and motions, and representation before Georgian courts.
When preparing a court motion in Georgia, it is important to consider not only the formal wording of the request but also its timing, the stage of the case, the burden of proof, and the factual material already submitted to the court.
Depending on the dispute, assistance may be required with motions to obtain evidence, summon witnesses or experts, extend the period for submitting evidence, adjourn proceedings, seek interim measures, or address another procedural issue.
For foreign businesses and individuals, a court motion in Georgia may also need to be coordinated with Georgian-language court filings, local representation, foreign documents, and the procedural timetable of the case.
TB Legal’s broader court representation and dispute-resolution services are described on our Litigation in Georgia page.
If you need assistance preparing a court motion in Georgia, reviewing a motion that has already been filed, or developing a procedural strategy for civil litigation before the Georgian courts, you can contact TB Legal to discuss the appropriate procedural approach.
