Motions Before Trial
Several common motions are made during the pretrial phase of the lawsuit. They usually have to do with evidence or with eliminating the lawsuit entirely. Sometimes these motions are made simply to cover all bases, even if they’re not likely to win or get the result asked for in the motion.
Motion to Dismiss
Both sides can do a version of a motion to dismiss the case before trial. The plaintiff’s version says that the defendant didn’t make any recognizable legal defense. The defendant’s version argues that the plaintiff didn’t make a claim that the law recognizes or for which it provides a solution. This is a little different from making a claim that the lawsuit is frivolous, which can also be a basis for asking that the ...