CvlPE Review: PRETRIAL MOTIONS

Question 1

PRETRIAL MOTIONS

Traditional Motion in Limine

Answer 1

A traditional motion in limine is when a party wants to prevent another party from referring to anticipated evidence in front of the jury until admissibility of evidence will be determined at trial. Must approach bench outside of jury’s presence and request final ruling. If judge excludes evidence, then object via offer of proof to put evidence in record for appeal.

Question 2

PRETRIAL MOTIONS

Nontraditional Motion in Limine

Answer 2

If a party wants the court to rule on admissibility of anticipated evidence immediately and exclude it from trial, then that is a nontraditional motion in limine.

Question 3

PRETRIAL MOTIONS

What is a traditional motion for summary judgment?

Answer 3

In a traditional motion for summary judgment, the moving party has the burden of showing that there is no genuine issue of material fact and that she is entitled to judgment as a matter of law.

Question 4

PRETRIAL MOTIONS

no-evidence summary judgment motion

Answer 4

In a no-evidence summary judgment motion, the moving party must show that there is no proof of an essential element of a claim or defense and the other party has the burden of proof for that element at trial. Can also be used for a particular issue that after discovery, there is no evidence to support. Opposing party should file a response with summary judgment evidence raising genuine issue of material fact to each claim no later than 7 days before summary judgment hearing.

Question 5

PRETRIAL MOTIONS

When must a motion for summary judgment be filed, and when is response/affidavits rebutting it due?

Answer 5

Motion for summary judgment must be made 21 days prior to the hearing. No later than 7 days prior to the hearing for summary judgement, the other party may file a written response or affidavits based on personal knowledge that set forth admissible facts showing that a disputed material issue exists.

Question 6

PRETRIAL MOTIONS

continuance for want of witness testimony (5)

(MCDØØD)

Answer 6

Attorney may file a motion in writing and under oath for a continuance for want of witness testimony.

The motion must show (MCDØØD)

(1) the testimony’s materiality and content;
(2) a due diligence attempt to obtain the testimony;
(3) why the testimony cannot be obtained on the scheduled day;
(4) that the testimony is now unavailable;

and

(5) that the continuance is not for delay.

Question 7

PRETRIAL MOTIONS

motion to equalize the number of peremptory challenges

Answer 7

If parties on the same side are antagonistic to each other, a party can make a motion to equalize the number of peremptory challenges so that no side is given an unfair advantage.

Question 8

PRETRIAL MOTIONS

Jury demand

Answer 8

Once a party has made a jury demand, he cannot withdraw jury demand over other party’s objection.

Question 9

PRETRIAL MOTIONS

Can you admit information obtained during mediation?

Answer 9

No. Information obtained during mediation is generally confidential and inadmissible.