Throughout your lawsuit, your attorney will make written requests to the Court. This is done through the filing of motions.
A motion is a written request asking the Court to grant an order or ruling for determination of a particular issue relating to your lawsuit. Motions may be made from the moment the case begins until after the case has concluded. Utilizing motions effectively can help expedite, simplify, and even win your case.
A significant portion of any attorney’s representation of clients consists of filing, and responding to, motions. A plaintiff’s lawyer will typically respond to a Motion to Dismiss, file and respond to numerous discovery motions, file and respond to a Motion for Summary Judgment, and file and respond to various pre-trial Motions in limine. Beyond these common motions, attorneys may be required to file motions to compel, strike, set aside a judgment, or take any other action that may be appropriate given the circumstances.
Effective motion practice eliminates inconsequential issues, calls attention to crucial arguments, and mitigates damage before and at trial. Compelling motions and favorable motion rulings can be leveraged during settlement negotiations, and can lay the groundwork for a successful trial.