Kara Sears
Legal motions are a common feature of the American justice system, used to efficiently settle controversial or disputed issues related to a case. Motions can be used at different points in a trial, including before the trial begins, during the discovery process, and once the trial is underway. There are several types of motions, including motions to compel, motions for summary judgment, motions to dismiss, motions to strike, and motions in limine or motions to exclude evidence. Motions can be made by either party in a case, including the plaintiff, prosecutor, or defendant, and they are directed at the court or judge, requesting a ruling or decision on a specific issue. Pretrial motions are especially important as they can significantly impact the outcome of a case.
| Characteristics | Values |
|---|---|
| Definition | A motion is a request for a court to decide on a specific issue |
| Who can make a motion? | Plaintiff, prosecutor, defendant, or defence attorney |
| When is a motion made? | At different points in a trial, before a trial, or in response to a discovery request |
| Types of Motions | Motion for Summary Judgment, Motion to Dismiss, Motion to Suppress, Motion for Change of Venue, Motion to Compel, Motion to Strike, Motion for Contempt, Motion to Preclude, Motion in Limine, Motion to Exclude Evidence |
| Motion Requirements | Must include date, time, location of hearing, request, and legal citation |
| Documents | Notice of Motion, Memorandum of Points and Authorities, Declarations, Exhibits |
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What You'll Learn
Pretrial motions
There are several types of pretrial motions, including motions to compel, motions to dismiss, motions for a protective order, motions for change of venue, and motions in limine or motions to exclude evidence. A motion to compel is used to force the other party to provide a response or more information if their initial response was vague or incomplete. Motions to dismiss are filed when there is a lack of probable cause or to challenge the admissibility of evidence. A motion for a protective order is used to limit who can see specific items and how they can be used. Motions for a change of venue are made when the current venue is believed to not provide a fair and impartial jury, often due to pretrial publicity. Motions in limine or motions to exclude evidence aim to prevent unfair or prejudicial information from being presented to the jury. This includes character evidence, inflammatory evidence, and unreliable testimony.
In addition, motions to suppress are an important type of pretrial motion that focuses on excluding illegally obtained evidence from court. This motion is based on the Fourth Amendment of the U.S. Constitution, which protects individuals from unreasonable searches and seizures by law enforcement. If evidence is collected during an unlawful stop or search, a motion to suppress can be filed to exclude this evidence from the trial.
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Motions to compel
Motions are requests made by a plaintiff, prosecutor, or defendant to a court or judge to rule on a specific issue. Motions are used at different points in a trial to ensure that controversial or disputed issues related to a case can be settled quickly and efficiently.
A motion to compel is a type of legal motion that asks the judge to use the power of the court to force another party to do something that they have so far refused to do. This motion is used to ensure that both parties have full access to the facts of the case. For example, if a plaintiff refuses to answer questions in a deposition, the defendant may file a motion to compel the plaintiff to answer those questions. If the motion is granted and the plaintiff still refuses to answer, they may face contempt of court charges. Motions to compel can also be used during a trial, such as when a witness refuses to answer a question while testifying.
Before filing a motion to compel, the moving party must make a good-faith effort to confer with the person or party allegedly failing to respond to a request for information. This is to ensure that the information or material can be secured without court action. The motion must include a certification that the moving party has made this effort.
In California, the moving party must provide a statement in support of the motion to compel, known as a 3-1020 document. This document includes the question asked, the answer given, and the reason why the answer should be compelled. Additionally, a separate statement must be filed and served with the discovery motion, providing all the information necessary to understand each discovery request and the responses at issue. This separate statement must be full and complete so that no person needs to review any other document to understand the request and response.
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Motions to dismiss
A motion to dismiss is a formal request by a party to the court to dismiss a case. This pretrial motion is often filed before a criminal or civil case begins. Typically, the defendant files this motion shortly after receiving the complaint and before engaging in further legal proceedings. This motion can be filed if the party believes that the complaint is invalid, and the basis for this can vary. For example, disgraced comedian Bill Cosby's defence team filed a motion to dismiss, arguing that the sexual assault alleged occurred outside of the statute of limitations. However, it is challenging to prevail on a motion to dismiss, as courts generally assume that the facts and allegations in the complaint are true and view them in favour of the plaintiff.
There are different outcomes to a motion to dismiss. If the court grants the motion and dismisses the case "without prejudice", the plaintiff can rectify any issues with the complaint and file it again. However, if the court dismisses the case "with prejudice", the court has deemed the case defective or found serious procedural violations, and the lawsuit is conclusively closed. The court can also dismiss a case sua sponte, meaning without being prompted by either party, if grounds for dismissal exist.
It is important to note the difference between a motion to dismiss and a motion for summary judgment. While both result in a case being thrown out, a motion for summary judgment does not result in a verdict being issued. Instead, the court and both parties agree that there is a legal issue that the court can rule on without dispute about the material facts of the case.
When filing a motion to dismiss, it is crucial to follow the correct procedure. The Federal Rules of Civil Procedure (FRCP) contain guidelines for filing a motion to dismiss. The moving party must include the reason for the dismissal in the initial documents, and then serve it to the opposing party, who has the opportunity to answer the motion.
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Motions to strike
A motion to strike is a request by one party during a trial in the United States for the judge to order the removal of all or part of the opposing party's pleading to the court. Motions to strike are most commonly sought by the defendant in response to a matter contained in the plaintiff's complaint. However, they may also be asserted by plaintiffs against a defendant's answer or other pleadings such as cross-complaints.
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defence or any redundant, immaterial, impertinent, or scandalous matter." For example, the California Code of Civil Procedure provides that a motion to strike may be used to strike out any "irrelevant, false, or improper matter inserted in any pleading."
A motion to strike may also be used to request the elimination of all or a portion of a trial witness's testimony. During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements. Motions to strike are therefore an important tool for parties to a case to ensure that only relevant and admissible evidence is presented to the court and jury.
In addition to motions to strike, there are other types of motions that can be used to manage the presentation of evidence during a trial. For example, a motion in limine or a motion to exclude evidence can be used to ask the court to admit or exclude specific pieces of evidence before the trial begins. This allows the parties to know in advance what evidence will be allowed and to prepare their cases accordingly.
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Motions for summary judgment
The purpose of a motion for summary judgment is to save time and resources by avoiding the need for a full trial. It is important to note that this type of motion does not allow the court to decide on issues of fact, but rather to examine the pleadings and proof to determine if a trial is necessary. The court can consider all evidence in the record, even if it was not cited in the pleadings, as long as it would be admissible at trial.
To file a motion for summary judgment, one must demonstrate that there is no genuine dispute over any material fact and that they are entitled to judgment as a matter of law. This is often done by presenting affidavits or other evidentiary matters to support the motion. The non-moving party then has the opportunity to respond and present their arguments.
If a motion for summary judgment is granted, the judge has determined that no material facts are in dispute, and the moving party wins the case without the need for a trial. However, if the motion is denied, it indicates that there is a genuine issue of material fact that requires further examination through a trial.
In the United States, the Federal Rules of Civil Procedure Rule 56 governs the procedures for filing a motion for summary judgment. It is important to adhere to these rules and local regulations when considering this type of motion.
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