In the litigation process, once a particular lawsuit has been determined to convene in a formal trial, there are certain options that can be employed by the attorney’s of the involved parties before the actual trial takes place. These actions are commonly referred to as pretrial motions. A pretrial motion can be either a document that is filed with the court by one of the participating parties which requests that the court take a specific action.
Pretrial motions essentially provide for the parameters and limits as to which the pending trial is to take place. Pretrial motions can also be made orally directly to the court, and can be issued immediately or denied. Pretrial motions exist in numerous forms, and some can prove to be quite complex. An attorney is most competent to handle the pretrial motions, and an experienced attorney can prove to be a great defense when he/she can employ pretrial motions effectively and adequately.
The list of pretrial motions proves to be quite extensive and lengthy, for some pretrial motions range from general requests to extremely precise motions that require the proper interpretation of an attorney to use it effectively in a court of law. Some examples of pretrial motions include, but are certainly not limited to:
Motion to Dismiss
Excluding of Physical Evidence
Preventing a Witness from Testifying
Exclusion of the Defendant’s or Plaintiff’s Statements or Confession
Motion to Change Venue
Motion for the Release of Evidence by the Other Party
The first two included in the provided list seem to be among the most commonly employed by attorneys, given the ability to do so under the scope of the law. A motion to dismiss is the request by a specific party to decide that a claim does not have any actual legal remedy under the imposed laws, statutes, and provisions. Even if the claims provided are factual and true, if the basis or nature of claim has no real remedy, a motion to dismiss may be granted by the courts.
A motion to dismiss may also be validate if a claim is filed after the statute of limitations has transpired, which under law, is grounds for dismissal. Furthermore, if a motion to dismiss is granted due to the statute of limitations expiration, the opposing side does not have the right to appeal or provide for evidence to argue the motion to dismiss. A motion to dismiss also has various applications, and will vary depending on the nature of the civil dispute at hand.
A motion for summary judgment entails that a party petitions the court that certain evidence, even if it supports the claims of the opposing party, but also supports the case of party petitioning such motion, to be also considered in the ruling to support the moving party.
A motion for summary judgment is typically considered by the courts when the time for discovering evidence is expired. In other words, the party asking for a motion for summary judgment is used when there is no actual dispute to the material evidence of the case, and therefore, the moving party is entitled to a winning verdict by law. A motion for summary judgment is employed as a way to avoid certain lawsuits from making it to trial, which would prove to be unnecessary.