Definition
A motion for decree is a procedural step in equity and chancery practice by which a plaintiff formally brings a suit to a hearing and moves the court to enter a final decree in the plaintiff's favor. After the defendant has answered the bill of complaint, the plaintiff serves notice of intent to move for decree, thereby advancing the case toward a substantive ruling on the merits. The motion signals that pleadings are closed and that the plaintiff is prepared to seek the relief prayed for in the original bill.
The motion for decree is a final or dispositive motion, not an interlocutory one. It is the mechanism by which a fully-joined equity suit proceeds to judgment, the equivalent in equity practice of setting a case for trial or moving for judgment in a court of law.
Common Confusion
The motion for decree must be distinguished from interlocutory motions in chancery, which seek temporary or preliminary relief during the pendency of a suit rather than a final resolution. An interlocutory motion might seek an injunction, the appointment of a receiver, or a discovery order. The motion for decree, by contrast, asks the court to resolve the controversy and issue its final, binding order. Conflating the two leads to misreading historical chancery records: a court's denial of an interlocutory motion leaves the suit alive, while disposition of a motion for decree typically ends it. Bouvier's expressly flags this distinction.
Why It Matters in Research
This term is primarily of historical significance. Researchers will encounter it in records from English chancery courts and their American counterparts — particularly in equity proceedings predating the merger of law and equity that most U.S. jurisdictions accomplished through the Federal Rules of Civil Procedure (1938) and equivalent state reforms. Under modern procedural codes, the motion for decree has no direct analog as a named procedure; its functional role is absorbed into summary judgment motions, motions for judgment on the pleadings, or simply trial scheduling.
Key research traps:
First, the term is jurisdiction-specific to equity and chancery. Do not expect to find it in common law court records, admiralty dockets (except as noted below), or modern civil litigation files.
Second, the Rapalje & Lawrence entry drifts into decree nisi — a related but distinct concept arising in English matrimonial practice. The two terms share the word "decree" but serve entirely different functions. A decree nisi is a conditional, provisional decree in divorce proceedings; a motion for decree is the procedural vehicle for obtaining a final chancery decree in any equity suit. Researchers must not conflate these.
Third, the statutory foundation matters for dating documents. Bouvier's notes the introduction of the motion for decree by statute 15 & 16 Vict. c. 86 (1852), the Chancery Procedure Act. Records predating that statute will reflect different procedural mechanisms for bringing equity suits to hearing. When dating a document or understanding what procedure was available at a given time, awareness of this legislative marker is essential.
Fourth, in American equity practice, procedures varied by state. Some states closely followed English chancery forms; others adapted them significantly. The motion for decree as a named step was common in states with distinct equity courts (e.g., Delaware, New Jersey) but may appear under variant labels or not at all in states where equity was administered through common law courts exercising concurrent jurisdiction.
Historical Dictionary Support
Black's and Bouvier's are in agreement on the core definition: the motion for decree is the standard method, in post-answer chancery practice, for a plaintiff to bring a suit to final hearing. Black's cites Hunter's Suit in Equity and Daniell's Chancery Practice — two foundational treatise authorities — confirming the motion's procedural role and the requirement of notice to the defendant. Bouvier's adds the statutory citation, grounding the procedure in its English legislative origin and distinguishing it from interlocutory practice.
Rapalje & Lawrence departs from this focus. The entry under this heading largely addresses decree nisi in matrimonial suits, which is a separate doctrine. This divergence is notable: a researcher relying on Rapalje & Lawrence alone for "motion for decree" will find content that is only marginally relevant to the core procedural concept. The historical dictionaries collectively cover the English chancery context thoroughly but are largely silent on American jurisdictional variations — a gap that researchers must fill through treatises and state-specific procedural histories.
Jurisdictional Note
The motion for decree is a creature of English chancery practice and jurisdictions that adopted English equity procedure. It has no place in modern merged civil procedure systems. In the few U.S. jurisdictions that maintained separate equity courts into the twentieth century, procedural rules governing how suits were brought to final hearing varied and may not have used this precise terminology.
Encyclopedia Cross-Reference
The Law Mind Family Law Encyclopedia: Divorce — Modification of Divorce Decrees (General Principles) [family_53] — relevant for researchers tracing the history of final decrees in matrimonial proceedings and the distinction between initial decrees and subsequent modification practice.