Motions Flashcards
Motion
a procedural device to bring a limited, but contested, matter before a court for decisions. They may be made at any point in the proceedings, but is regulated by court rules.
Motion to Dismiss
Asks court to decide that a claim, is not one for which the law offers a remedy. If granted, the claim is dismissed without any evidence being presented by the other side. It has taken place of the common law demurrer in most modern civil practice.
Motion for Summary Judgement
- Asks the court to decide that the available evidence supports a ruling in favor of the moving party.
- Usually made after discovery, although can be made at other times.
- Summary judgment hearings are not evidentiary hearings.
- Any evidence that the movant or respondent wish the Court to consider must be incorporated in the motion itself, either through affidavits or exhibits.
Dispositive Motions
- Motion to Dismiss
- Motion for Summary Judgement
Motion in Limine
- Asks court to decide that certain evidence may or may not be presented to the jury at the trial.
- Addresses issues that would be prejudicial for jury to hear in open court, even if other side makes a timely objection that is sustained, and the judge instructs the jury to disregard the evidence.
- If motion is granted, evidence regarding the conviction could not be mentioned in front of the jury, without first approaching the judge outside of the hearing of the jury and obtaining permission.
- Violation can result in the court declaring a mistrial.
Motion for a Directed Verdict
- Asks the court to rule that the party with the burden of proof has not proven the case, and there is no need for the defense to attempt to present evidence.
- Made after the plaintiff has rested its case, and prior to the defense presenting any evidence.
- If granted, the court dismisses the case.
Motion for JNOV
- Judgment Non Obstante Verdicto, Judgement Not Withstanding the Verdict
- Asks the court to reverse the jury’s verdict on the grounds that the jury could not reasonably have reached such a verdict, or that the verdict is unsupported by the evidence.
- Made after the jury’s verdict.
- If Granted, court enters a new verdict.
- This motion can be used in a criminal case only to reverse a guily verdict
Rule 50 of the Federal Rules of Civil Procedure
Motion for directed verdict and JNOV have been replaced by the Motion for Judgement as a Matter of Law
Motion for a New Trial
- Asks to overturn or set aside a court’s decision or jury verdict.
- Proposed by a party who is dissatisfied with the end result of a case.
- Must be based on some vital error in the court’s handling of the trial.
- Motion is filed within a short time after the trial (7-30 days) and is decided prior to an appeal.
Motion to Compel
- Asks court to order either the apposing party or a third party to take some action.
- Usually deals with discovery disputes.
- Used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
Motion for Continuance
Asks the court to postpone or delay a case that has been set for trial.
Motion to Extend
Asks the court to extend the deadline by which a document must be filed.
Motion to Strike Deemed Admissions
Asks court to allow a party to withdraw or amend its deemed admissions.
Motion to Transfer Venue
Asks the court to transfer a case to another county in Texas.
Types of Transfers
- Improper county and convenience of the parties and witnesses.
- local prejudice.
- Consent of the parties.
