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The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

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Motions During Trial

Several types of motions, or formal requests to the court, are made during trials. Mostly they tend to have to do with evidence and trying to end the trial early. When motions are successful, the judge will say the motion is sustained. When the motion fails, the judge will announce that the motion is overruled. Just as with pretrial motions, it’s important to make these kinds of motions so that there is a record of the legal issue being brought forward. As you’ll recall from Chapter 11, that’s called preserving the issue for appeal. If the issue isn’t preserved for appeal, there isn’t a decision for the appeals court to review. With nothing to review, there’s no decision to change, and the lower court’s rulings remain. ...

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