What is a Movant?: A US Legal Guide in Plain Terms

In legal proceedings within the United States, a party initiates action by filing a motion, and consequently, what is a movant becomes a crucial question for understanding legal agency. Federal Rules of Civil Procedure govern the process by which a movant brings forth a request or application to the court, impacting the course of litigation. Black's Law Dictionary serves as an essential resource for defining the term "movant" and elucidating the roles and responsibilities inherent in this legal position. Lawyers, acting as representatives for their clients, frequently assume the role of the movant, advocating for specific outcomes or decisions from the bench.

In the adversarial system of justice, motions serve as the procedural bedrock upon which legal arguments are constructed and adjudicated. They are the formal mechanisms by which parties request specific actions or decisions from the court, shaping the trajectory and ultimately influencing the outcome of litigation. Understanding the nature and significance of motions is therefore essential for anyone navigating the legal landscape, whether as a legal professional or a litigant.

Defining the Motion: A Request for Judicial Action

At its core, a motion is a formal application made to a court.

It is a request for the judge to issue an order or ruling on a specific matter.

Think of it as a formal question posed to the court, seeking a definitive answer that will impact the course of the case.

Unlike pleadings, which initiate or respond to lawsuits, motions address specific issues that arise during the litigation process.

They are typically written documents filed with the court, outlining the legal basis for the request and the specific relief sought.

The Significance of Motions in Litigation

Motions are not mere formalities; they are powerful tools that can significantly shape the direction and outcome of a case. They serve several critical functions:

• Resolving Disputes: Motions provide a mechanism for resolving disagreements between parties on procedural or substantive issues.
• Clarifying Legal Issues: By presenting specific legal arguments to the court, motions help to clarify complex legal issues and narrow the scope of the dispute.
• Streamlining Litigation: Properly utilized, motions can streamline the litigation process by eliminating irrelevant issues or disposing of claims that lack legal merit.
• Protecting Rights: Motions can be used to protect the rights of parties by, for example, seeking to exclude illegally obtained evidence or preventing the disclosure of privileged information.
• Setting the Stage for Trial: Motions can significantly impact what evidence is presented at trial, and what arguments can be made.

In essence, motions act as the gatekeepers of legal proceedings, ensuring that cases are conducted fairly, efficiently, and in accordance with the applicable rules of law and procedure.

Key Participants in Motion Practice

Motion practice involves a diverse array of participants, each with specific roles and responsibilities. Understanding these roles is essential for navigating the motion process effectively.

• The Movant: This is the party who initiates the motion, seeking a specific order or ruling from the court.
• The Respondent: This is the party who must respond to the motion, either supporting or opposing the movant's request.
• The Judge: The judge is the ultimate decision-maker, responsible for evaluating the arguments presented by both sides and issuing a ruling on the motion.
• The Attorney: Attorneys represent their clients in motion practice, drafting and filing motions, conducting legal research, and presenting oral arguments to the court.
• The Court Clerk: The court clerk is responsible for managing the administrative aspects of motion practice, including filing documents, scheduling hearings, and maintaining court records.

Understanding the interplay between these participants is crucial for comprehending the dynamics of motion practice and its impact on the overall litigation process. Their actions, filings, and decisions determine the case's movement forward and influence outcomes.

Core Participants in Motion Practice: Understanding the Players

In the adversarial system of justice, motions serve as the procedural bedrock upon which legal arguments are constructed and adjudicated. They are the formal mechanisms by which parties request specific actions or decisions from the court, shaping the trajectory and ultimately influencing the outcome of litigation. Understanding the nature and significance of motions requires a clear understanding of the roles and responsibilities of each of the key participants involved.

The Movant: Initiating Legal Action

The movant is the party who initiates a motion, seeking a specific order or ruling from the court.

This action is taken when a party believes that judicial intervention is necessary to advance their position or protect their rights.

Reasons for filing a motion can vary widely, including challenging the admissibility of evidence, seeking dismissal of a claim, or compelling the opposing party to comply with discovery requests.

The movant bears the burden of persuading the court that their request is justified under the applicable law and facts.

The Plaintiff: Responding to the Defense

In the context of motion practice, the plaintiff's role often involves responding to motions filed by the defendant.

While the plaintiff typically initiates the lawsuit, they must also be prepared to defend their claims against challenges raised through motions.

This may involve submitting legal briefs, affidavits, and other supporting documents to demonstrate the validity of their case and oppose the defendant's requests.

The plaintiff's perspective is crucial in ensuring that the court has a complete and balanced understanding of the issues in dispute.

The Defendant: Asserting Rights and Defenses

The defendant plays a dual role in motion practice, both initiating and responding to motions.

Defendants may file motions to challenge the plaintiff's claims, seek dismissal of the lawsuit, or limit the scope of discovery.

They also have the responsibility to respond to motions filed by the plaintiff, presenting legal arguments and evidence to support their defenses.

The defendant's active participation in motion practice is essential for safeguarding their rights and ensuring a fair and just resolution of the case.

The Judge: Arbiter of Justice

The judge serves as the impartial arbiter in motion practice, responsible for evaluating the legal arguments and evidence presented by both parties.

The judge must apply the relevant law to the facts of the case and make a reasoned decision on each motion.

This involves carefully considering the legal precedents, statutes, and rules of procedure that govern the issues in dispute.

The judge's role is to ensure that motions are decided fairly and consistently, promoting the integrity and efficiency of the judicial process.

Attorney/Lawyer: Advocate and Legal Strategist

Attorneys, also known as lawyers, play a critical role in motion practice, providing legal representation and advocacy for their clients.

They are responsible for drafting, filing, and arguing motions, presenting legal arguments to the court, and conducting legal research.

Attorneys also advise their clients on the potential outcomes of motions and the strategic implications of various courses of action.

The attorney's expertise and advocacy skills are essential for maximizing their client's chances of success in motion practice.

The Court Clerk: Facilitating the Process

The court clerk plays a vital administrative role in motion practice, managing and processing all documents filed with the court.

They are responsible for maintaining court records, scheduling hearings, and ensuring that all parties are properly notified of court proceedings.

The clerk's office provides essential support to the judge, attorneys, and litigants involved in motion practice.

Efficient and accurate management of court records is critical for ensuring the smooth and orderly administration of justice.

Pro Se Litigant: Navigating the Legal System

Pro se litigants, or individuals representing themselves without an attorney, face unique challenges in motion practice.

They must navigate the complexities of the legal system without the benefit of legal training or experience.

Courts often provide some level of assistance to pro se litigants, but it is ultimately the litigant's responsibility to understand and comply with the rules of procedure.

Resources and guidance are available to help pro se litigants navigate the motion process, but professional legal assistance is often recommended.

Litigant: Active Participants

Litigants, whether plaintiffs or defendants, are the parties directly involved in the lawsuit and affected by the outcome of motions.

Their role is to actively participate in the motion process by providing information to their attorneys, attending hearings, and making informed decisions about legal strategy.

The litigant's understanding of the motion process and their active involvement in their case are crucial for achieving a favorable outcome.

Key Types of Motions: A Comprehensive Overview

In the adversarial system of justice, motions serve as the procedural bedrock upon which legal arguments are constructed and adjudicated. They are the formal mechanisms by which parties request specific actions or decisions from the court, shaping the trajectory and ultimately influencing the outcome of litigation.

Understanding the diverse landscape of motions is crucial for any legal professional. We now turn to explore the most frequently encountered types of motions, delving into their purposes, the grounds upon which they are filed, and their potential ramifications for a case.

Motion to Dismiss: Seeking Early Case Termination

A Motion to Dismiss is a procedural tool employed by a defendant to request the court to terminate a case prematurely, before it proceeds to trial or further stages of litigation. This motion essentially challenges the legal sufficiency of the plaintiff's complaint.

Grounds for Dismissal:

Several grounds may justify a motion to dismiss, including:

• Lack of subject matter jurisdiction: The court does not have the authority to hear the case.

• Lack of personal jurisdiction: The court does not have authority over the defendant.

• Improper venue: The case is filed in the wrong location.

• Insufficient service of process: The defendant was not properly notified of the lawsuit.

• Failure to state a claim upon which relief can be granted: Even if the facts alleged are true, the law does not offer a remedy.

• Statute of limitations: The lawsuit was not filed within the time limit set by law.

Potential Outcomes:

If granted, a motion to dismiss can result in the immediate termination of the case. However, in some instances, the court may grant the motion with leave to amend, allowing the plaintiff an opportunity to correct deficiencies in their complaint. If denied, the case proceeds to the next stage of litigation.

Motion for Summary Judgment: Ruling Based on Undisputed Facts

A Motion for Summary Judgment is a request for the court to rule in favor of the moving party based on the argument that there are no genuine disputes of material fact, and the moving party is entitled to judgment as a matter of law. This motion is typically filed after the completion of discovery.

Conditions for Summary Judgment:

Summary judgment is appropriate when the moving party demonstrates that:

• There is no genuine dispute as to any material fact.

• The moving party is entitled to judgment as a matter of law.

The court reviews the evidence in the record, including pleadings, depositions, answers to interrogatories, admissions, and affidavits, to determine whether a genuine dispute exists.

Impact on the Case:

If granted, summary judgment resolves the case in favor of the moving party, eliminating the need for a trial. If denied, the case proceeds to trial, where the disputed factual issues will be presented to a judge or jury.

Motion to Suppress Evidence: Excluding Illegally Obtained Proof

A Motion to Suppress Evidence is a critical tool, particularly in criminal cases, that seeks to exclude certain evidence from being presented at trial. This motion is typically based on the argument that the evidence was obtained in violation of the defendant's constitutional rights.

Grounds for Suppression:

Common grounds for suppressing evidence include:

• Illegal search and seizure: Evidence obtained without a valid warrant or an applicable exception to the warrant requirement.

• Improperly obtained confession: A confession obtained in violation of the defendant's Miranda rights or through coercion.

• Unreliable identification: An identification procedure that was unduly suggestive and led to a misidentification.

Consequences of Suppression:

If the court grants a motion to suppress, the evidence in question cannot be used against the defendant at trial. This can significantly weaken the prosecution's case and potentially lead to an acquittal or a dismissal of charges.

Motion for a New Trial: Re-examining a Concluded Trial

A Motion for a New Trial is a request for the court to set aside a verdict or judgment and order a new trial. This motion is typically filed after a trial has concluded, and the moving party believes that errors occurred during the trial that prejudiced their case.

Grounds for Granting a New Trial:

Reasons a new trial might be granted include:

• Errors in evidentiary rulings: The court improperly admitted or excluded evidence.

• Errors in jury instructions: The court provided incorrect or misleading instructions to the jury.

• Misconduct by jurors, attorneys, or the judge: Actions that unfairly influenced the outcome of the trial.

• Newly discovered evidence: Evidence that was not available at the time of trial and could have changed the result.

• Verdict against the weight of the evidence: The jury's verdict was not supported by the evidence presented at trial.

Potential Outcome:

If the court grants a motion for a new trial, the case will be retried before a new jury or, in some cases, before the same judge.

Motion for Sanctions: Addressing Inappropriate Conduct

A Motion for Sanctions is a request for the court to impose penalties on a party or attorney for engaging in inappropriate behavior during the course of litigation.

Examples of Sanctionable Conduct:

Sanctionable conduct includes:

• Filing frivolous pleadings or motions: Submitting documents that lack a legal basis or are intended to harass or delay the proceedings.

• Abusive discovery practices: Engaging in tactics that are intended to harass or burden the opposing party during discovery.

• Violating court orders: Failing to comply with orders issued by the court.

• Misrepresenting facts to the court: Making false statements or concealing information.

Consequences of Sanctions:

Sanctions can take various forms, including:

• Monetary fines: Requiring the party or attorney to pay a sum of money.

• Attorney's fees: Requiring the party or attorney to pay the opposing party's attorney's fees.

• Dismissal of the case: Terminating the case in favor of the opposing party.

• Striking pleadings or motions: Removing documents from the court record.

Motion for Default Judgment: Ruling Due to Failure to Respond

A Motion for Default Judgment is a request for the court to enter a judgment in favor of the plaintiff because the defendant has failed to respond to the lawsuit within the required time frame.

Circumstances Leading to Default:

Default judgment may be entered when the defendant:

• Fails to file an answer or other responsive pleading.

• Fails to appear in court.

Requirements for Default Judgment:

Before entering a default judgment, the court must ensure that the defendant was properly served with the lawsuit and that they have failed to respond within the allotted time.

Potential Outcome:

If a default judgment is entered, the plaintiff is entitled to the relief requested in their complaint, which may include monetary damages, injunctive relief, or other forms of relief.

Motion in Limine: Preventing Prejudicial Evidence

A Motion in Limine is a pretrial motion that seeks to prevent certain evidence from being presented to the jury. This motion is typically based on the argument that the evidence is irrelevant, unfairly prejudicial, or otherwise inadmissible.

Purpose of Preventing Jury Exposure:

The purpose of a motion in limine is to prevent the jury from being exposed to evidence that could unfairly influence their decision. This motion allows the court to rule on the admissibility of evidence before trial, avoiding the risk that the jury will be prejudiced by hearing inadmissible evidence.

Types of Evidence Targeted:

Examples of evidence that may be the subject of a motion in limine include:

• Prior convictions: Evidence of a party's prior criminal history.

• Inflammatory photographs or videos: Visual evidence that is designed to evoke an emotional response from the jury.

• Speculative testimony: Testimony that is based on conjecture or guesswork rather than personal knowledge.

Benefits of Filing:

By filing a motion in limine, a party can obtain a ruling on the admissibility of evidence before trial, allowing them to prepare their case accordingly.

Motion to Compel Discovery: Enforcing Information Disclosure

A Motion to Compel Discovery is a request for the court to order the opposing party to provide information or documents that have been requested during the discovery process.

The Discovery Process:

Discovery is the process by which parties in a lawsuit gather information from each other and from third parties. This process typically involves:

• Interrogatories: Written questions that must be answered under oath.

• Requests for production of documents: Requests for the opposing party to provide documents relevant to the case.

• Depositions: Oral examinations of witnesses under oath.

• Requests for admission: Requests for the opposing party to admit or deny certain facts.

Grounds for Compelling Discovery:

A motion to compel discovery may be granted if the opposing party has:

• Failed to respond to discovery requests.

• Provided incomplete or evasive responses.

• Objected to discovery requests without a valid basis.

Impact of the Motion:

If the court grants a motion to compel discovery, the opposing party will be ordered to provide the requested information or documents. Failure to comply with the court's order may result in sanctions.

Documents and Processes Related to Motions: Navigating the Paperwork

In the adversarial system of justice, motions serve as the procedural bedrock upon which legal arguments are constructed and adjudicated. They are the formal mechanisms by which parties request specific actions or decisions from the court, shaping the trajectory and ultimately influencing the outcome of legal disputes. Yet, behind every compelling courtroom argument and decisive judicial ruling lies a complex web of documentation and process. This section will delve into the pivotal documents and essential processes that comprise motion practice, providing a roadmap for navigating this crucial aspect of legal proceedings.

The Affidavit: Foundation of Factual Assertions

An affidavit is a written statement made under oath or affirmation, serving as a crucial evidentiary component in motion practice.

It is essentially a witness's testimony presented in written form, and its veracity is attested to by a notary public or other authorized official.

Affidavits provide the factual basis for many motions, presenting the court with sworn evidence to support a party's claims or defenses. The importance of a well-drafted affidavit cannot be overstated, as it can significantly influence a judge's assessment of the merits of a motion.

The Legal Brief: Articulating the Legal Argument

The brief is the primary vehicle for presenting legal arguments to the court.

It is a written document that outlines the relevant facts, legal issues, and supporting authorities (statutes, case law, etc.) upon which a party relies.

A persuasive brief not only articulates the legal basis for a motion but also anticipates and addresses potential counterarguments.

Effective legal writing, meticulous research, and precise citation are essential elements of a compelling brief. The structure typically involves a statement of facts, questions presented, arguments, and a conclusion.

Order vs. Ruling: Understanding the Court's Determinations

In the context of motion practice, it is vital to distinguish between an order and a ruling.

A ruling is a court's decision on a specific legal issue or point of law.

An order is a directive issued by the court, compelling a party to take a specific action or refrain from doing so.

While a ruling may explain the legal reasoning behind a court's decision, an order implements that decision by instructing the parties on how to proceed.

Pleadings: Setting the Stage for Motions

Pleadings are the formal documents filed with the court to initiate and respond to a lawsuit. They establish the factual and legal basis for the claims and defenses asserted by each party.

Common examples include complaints, answers, and counterclaims. Pleadings are significant to motion practice because they define the scope of the dispute and identify the issues that are ripe for resolution through motions.

For example, a motion to dismiss may challenge the sufficiency of the allegations in a complaint.

Discovery and Motions: Unearthing the Evidence

Discovery is the process by which parties gather information and evidence relevant to the case.

Motions play a vital role in discovery, often arising when disputes occur regarding the scope, timing, or manner of discovery.

For instance, a motion to compel discovery may be filed when a party fails to adequately respond to interrogatories or document requests.

Courts often must resolve disputes about privilege or relevance during discovery.

The Hearing: Presenting the Case

A hearing is a court proceeding where parties have the opportunity to present their arguments and evidence to the judge.

In motion practice, hearings are often held to allow parties to elaborate on their written submissions and answer questions from the court.

Hearings provide a crucial forum for clarifying complex legal issues and allowing the judge to assess the credibility of arguments.

Oral Argument: The Art of Persuasion

Oral argument is the opportunity to present one's case directly to the judge. It's a chance to emphasize the key points of the motion and respond to the judge's questions.

Effective oral advocacy requires a thorough understanding of the facts and law, as well as the ability to think quickly and articulate arguments clearly and persuasively.

Preparation is key and includes anticipating potential questions and rehearsing responses.

Service of Process: Ensuring Due Notice

Service of process is the formal delivery of legal documents to the opposing party, ensuring they receive proper notice of the lawsuit or motion.

Proper service is a fundamental requirement of due process, guaranteeing that parties have a fair opportunity to respond to legal proceedings.

Failure to properly serve a party can result in the dismissal of a case or the invalidation of a motion.

Rules of Civil Procedure: The Guiding Framework

The Rules of Civil Procedure govern the conduct of litigation in federal and state courts.

These rules dictate the procedures for filing motions, responding to motions, and presenting evidence to the court.

Adherence to the Rules of Civil Procedure is essential for successful motion practice.

Failure to comply with these rules can result in the denial of a motion or other adverse consequences.

Procedural Aspects of Motion Practice: A Step-by-Step Guide

In the adversarial system of justice, motions serve as the procedural bedrock upon which legal arguments are constructed and adjudicated. They are the formal mechanisms by which parties request specific actions or decisions from the court, shaping the trajectory and ultimately influencing the outcome of litigation. Understanding the procedural intricacies of motion practice is therefore paramount for both legal professionals and individuals navigating the complexities of the legal system.

This section provides a step-by-step guide through the procedural aspects of motion practice, from the initial filing and service to the final judicial decision.

Filing and Serving a Motion: Initiating the Process

The motion process commences with the movant, the party seeking the court's intervention, preparing the necessary legal documents. This typically includes the motion itself, which outlines the specific relief requested and the legal basis for the request, and a supporting memorandum or brief, which presents the legal arguments and authorities supporting the motion. Often, the movant will also include affidavits containing sworn statements of facts relevant to the motion.

Once the motion and supporting documents are prepared, they must be filed with the court clerk. This involves submitting the documents in the proper format and paying any required filing fees.

Subsequent to filing, the movant is responsible for serving the motion on the opposing party, ensuring they receive proper notice of the action. Service of process must comply with the applicable rules of civil procedure, which typically specify the methods by which service can be effected (e.g., personal service, service by mail, or service through an authorized agent). Failure to properly serve the motion can result in the motion being denied.

Responding to a Motion: The Respondent's Obligations

Upon being served with a motion, the respondent, or opposing party, has a duty to respond within a specified timeframe, as dictated by the court's rules or a specific court order. This response typically takes the form of an opposition or response brief, which presents the respondent's arguments against the motion.

The respondent may also submit affidavits or other evidence to support their opposition.

It is crucial for the respondent to carefully analyze the motion, identify any weaknesses in the movant's arguments, and present compelling counter-arguments supported by relevant legal authority. Failure to respond adequately or within the prescribed time may result in the court granting the motion in favor of the movant.

Hearings and Oral Arguments: Presenting Your Case

In many cases, the court will schedule a hearing on the motion, providing both parties an opportunity to present oral arguments. The format of the hearing can vary depending on the court and the nature of the motion, but it typically involves each party summarizing their arguments and answering questions from the judge.

Oral argument provides a valuable opportunity for attorneys to elaborate on their written submissions, clarify any ambiguities, and respond directly to the judge's concerns. Effective oral advocacy requires thorough preparation, a clear and concise presentation, and the ability to think on one's feet.

Not all motions require a hearing, and some motions may be decided solely on the basis of the written submissions. However, when a hearing is held, it is an essential component of the motion process.

Judicial Decision-Making: Factors Considered by the Judge

After considering the written submissions and any oral arguments, the judge will render a decision on the motion. In reaching a decision, the judge will consider several factors, including the legal merits of the motion, the factual basis for the motion, and any relevant legal precedents.

The judge will also consider the arguments presented by both parties, weighing the strength of each side's case.

The judge's decision will be reflected in a written order, which specifies whether the motion is granted or denied and, if granted, the specific relief ordered. The order may also include the judge's reasoning and legal analysis. The judge's decision must be supported by law and fact, ensuring that the outcome aligns with established legal principles and the unique circumstances presented by each case.

Motion Practice in Different Court Systems: Federal vs. State

In the adversarial system of justice, motions serve as the procedural bedrock upon which legal arguments are constructed and adjudicated. They are the formal mechanisms by which parties request specific actions or decisions from the court, shaping the trajectory and ultimately influencing the outcome of litigation. While the fundamental purpose of motions remains consistent across jurisdictions, the specific rules and procedures governing their use can vary significantly between federal and state court systems. This divergence necessitates a nuanced understanding of the distinct practices prevalent in each forum.

Federal Courts: Navigating the Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure (FRCP) provide a uniform framework for motion practice in all United States District Courts. These rules are comprehensive and detailed, covering aspects such as filing deadlines, formatting requirements, and the standards for granting or denying specific motions.

One key aspect of federal motion practice is the emphasis on early case management. Rule 16 of the FRCP mandates pretrial conferences and scheduling orders to streamline litigation and identify potential issues for early resolution through motions. This proactive approach aims to reduce unnecessary delays and costs, promoting efficiency in the judicial process.

Another notable feature is the heightened pleading standard articulated in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. These Supreme Court decisions require plaintiffs to plead factual allegations that are "plausible on their face," making it easier for defendants to obtain dismissal of meritless claims at the pleading stage through motions to dismiss under Rule 12(b)(6).

Furthermore, the federal courts have developed a substantial body of case law interpreting and applying the FRCP, providing extensive guidance on motion practice issues. This body of precedent can be invaluable for attorneys seeking to understand the nuances of federal motion practice and to craft persuasive arguments in support of their clients' positions.

State Courts: Variations and Local Rules

While the FRCP govern federal court proceedings, state court systems operate under their own sets of rules, which can vary significantly from state to state. These variations can affect various aspects of motion practice, including:

• Filing Deadlines: The time allowed for filing and responding to motions may differ between states and even between different courts within the same state. Attorneys must be diligent in consulting the applicable local rules to ensure compliance with all deadlines.

• Formatting Requirements: The specific requirements for formatting motions, such as font size, line spacing, and page margins, may vary. Failure to adhere to these requirements can result in the motion being rejected by the court.

• Motion-Specific Rules: Some states may have specific rules governing particular types of motions, such as motions for summary judgment or motions to dismiss. These rules may impose additional requirements or limitations beyond those found in the FRCP.

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• Judicial Preferences: Individual judges within a state court system may also have their own preferences regarding motion practice, such as the length of briefs or the procedure for scheduling oral arguments. Attorneys should familiarize themselves with the preferences of the judge assigned to their case to ensure effective advocacy.

To illustrate these variations, consider the motion for summary judgment. While the standard for granting summary judgment is generally the same across jurisdictions—that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law—the specific procedures for filing and opposing such motions may differ. For example, some states may require the moving party to submit a separate statement of undisputed facts, while others do not.

Attorneys practicing in state courts must therefore be meticulous in researching and understanding the applicable state rules of civil procedure and local court rules. Failure to do so can have serious consequences for their clients' cases.

So, there you have it! Understanding what is a movant might seem a little intimidating at first, but hopefully, this guide has cleared things up. Navigating the legal world can be tricky, but knowing the basics can definitely empower you. If you're ever involved in a court case, remember to consult with a legal professional for personalized advice!