Nature And Purpose of Pre-Trial Motions

Motions can work to resolve certain questions before the trial starts. Some motions, those described as dispositive could become grounds for ending a reported dispute. Others, those described as non-dispositive call for a ruling on an incidental question. All motions ask the judge to come forward with a ruling.

A motion to dismiss

Such a motion often gets filed before the start of the discovery session. Defendants submit a motion to dismiss if their opponent’s complaint does not appear to be legally valid. Some defendants form that opinion after having been served their opponent’s complaint. Still, defendants do not have the final say.

The court accepts only certain claims as the basis for dismissal of a case

—Lack of subject matter jurisdiction: The court does not have the power to rule on the submitted case.
—Lack of personal jurisdiction: The court does not have the power to make decisions regarding the defendant.
—Improper venue: In a personal injury case, the plaintiff’s lawyer would have the right to seek a change of venue.
—Insufficient service of process: The plaintiff has not provided the court with proof that the defendant has been served with the complaint.
—Plaintiff has failed to state a claim: A claim should have been included in the filed complaint.

Summary judgment motion

The key facts in the case are not in dispute; therefore, a judgment of purpose has been requested. The request could come from either the plaintiff’s lawyer or the defendant’s injury lawyer in Kitchener. If the judge were to rule in favor of this motion, then all further litigation for that specific case would be terminated.

Motion for Default Judgment

A plaintiff’s lawyer could make such a motion, if the defendant had failed to answer the complaint and had not filed for dismissal. If the judge were to rule in favor of this particular motion, then the court would have to decide how much money should be given to the plaintiff.

The above paragraphs have offered detail on the most significant of the dispositive motions. Because this particular article has a set word count, it does not include any information on the non-dispositive motions.

If a judge were to hear one of the non-dispositive motions, the judge’s decision would not have a profound effect on all those that had planned to take part in the scheduled litigation. Instead, it would affect only a few, and in an inconsequential fashion.

Of course, that same decision could prove consequential for the person that had moved for a ruling. In addition, it would facilitate the litigation process, because it would help to resolve a dispute before the trial had started. As stated earlier, that, in fact, is its main purpose.