We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Motion to Release?

Mary McMahon
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A motion to release is a legal filing made to ask a judge to issue a ruling that will result in the release of property or a person from custody. It is not necessary to hire a lawyer in order to file this type of motion, although legal services can certainly be helpful. Many courts provide blank forms that people can fill out and submit if they do not want to hire a lawyer, or if the matter in question is relatively simple and doesn't require legal expertise for a resolution.

In the case of a person, a motion to release is filed to ask a judge to release a person from custody. The judge will review the motion and the information presented and make a decision about whether or not to grant it. If granted, the person may be required to pay bail as an assurance that he will return to court for a trial. This type of motion is usually filed by a lawyer representing the person held in custody.

When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

A motion to release must include a clear description of the subject of the motion. In addition, it should describe the reasons a release is being requested, along with references such as case numbers that show that a matter has been resolved and property no longer needs to be held in custody. When the motion is ready to be filed, a court clerk will accept it and stamp it to indicate the date and time that it was submitted before it will be passed on for review by the judge.

After a judge has had an opportunity to examine a motion for release and consider the matter, a ruling will be issued. If the motion is granted, the subject of the motion must be released from custody.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

By anon262148 — On Apr 18, 2012

What does this mean for a child taken from mother and given to her grandmother? My daughter's attorney filed this in court yesterday.

By JaneAir — On Oct 21, 2011

@ceilingcat - I've (luckily) never had the occasion to file a motion to release before either. Interesting point about hiring a lawyer-I suppose it would depend on the case. However, if you already have a lawyer involved in your case, this seems like something they would handle.

Anyway, it seems really weird a person would have to file a motion to release for back rent, as described in the article. If the court ruled in favor of the landlord, why wouldn't the person just write their check to the landlord? It just doesn't make sense!

By ceilingcat — On Oct 20, 2011

I've never filed a motion to release before. I think if I had to, I would consider consulting a lawyer. I think it would depend on how complex the case was. Legal stuff can be quite tricky!

However, I know there are some things you can safely do yourself. For example, I filed for an expungement a few years ago (long story) and I was able to do that myself. The paperwork was quick and painless and all I had to do was take it to the courthouse.

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.