A
"motion to dismiss" asks the court to
decide that a claim, even if true as stated, is not one for which
the law offers a remedy. For example, a claim that the defendant
failed to greet another on the street would be dismissed for failure
to state a valid claim. A claim that has been presented after the
statute of limitations has expired is also subject to dismissal.
If granted, the claim is dismissed without any evidence being presented
by the other side. A motion to dismiss has taken the place of the
common law demurrer in most modern civil practice. |
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A "motion
for summary judgment" asks the court to decide that
the available evidence, even if taken in the light most favorable
to the non-moving party, supports a ruling in favor of the moving
party. This motion is usually only made when sufficient time for
discovering all evidence has expired. For summary judgment to be
granted in most jurisdictions, a two-part standard must be satisfied:
(i) no genuine issue of material fact can be in dispute between
the parties, and (ii) the moving party must be entitled to judgment
as a matter of law. For example, a claim that a doctor performed
malpractice by prescribing a drug would be entitled to recover summary
judgment if the plaintiff failed to obtain expert testimony indicating
that the drug was improperly prescribed. Motions to dismiss and
motions for summary judgment are types of dispositive motions. |
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A "motion
in limine" asks the court to decide that certain evidence
may or may not be presented to the jury at the trial. A motion in
limine generally addresses issues which would be prejudicial for
the jury to hear in open court, even if the other side makes a timely
objection which is sustained, and the judge instructs the jury to
disregard the evidence. For example, the defendant may ask the court
to rule that evidence of a prior conviction that occurred a long
time ago should not be allowed into evidence at the trial because
it would be more prejudicial than probative. If the motion is granted,
then 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. The violation
of a motion in limine can result in the court declaring a mistrial. |
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A "motion
for a directed verdict" asks the court to rule that
the plaintiff or prosecutor has not proven the case, and there is
no need for the defense to attempt to present evidence. This motion
is made after the plaintiff has rested its case, and prior to the
defense presenting any evidence. If granted, the court would dismiss
the case. |
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A "motion
for judgment" (non obstante veredicto, or notwithstanding
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.
This motion is made after the jury's verdict. If granted, the court
enters a new verdict. Typically, this motion can be used in a criminal
case only to reverse a guilty verdict; not guilty verdicts are immune
to reversal by the court. |
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A "motion
for judgment" (non obstante veredicto, or notwithstanding
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.
This motion is made after the jury's verdict. If granted, the court
enters a new verdict. Typically, this motion can be used in a criminal
case only to reverse a guilty verdict; not guilty verdicts are immune
to reversal by the court. |
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A "motion
to compel" asks the court to order either the opposing
party or a third party to take some action. This sort of motion
most commonly deals with discovery disputes, when a party who has
propounded discovery to either the opposing party or a third party
believes that the discovery responses are insufficient. The motion
to compel is 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. |
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