Your lawyer will file a pretrial motion when he or she wants the court to rule a certain way on a particular matter. The motion is considered dispositive if it could terminate the suit before your case goes to trial. It’s a non-disposive motion if it’s meant to answer some question that arises during the litigation. It’s now time to discuss both types of motions in more detail.
Filing a Motion for Dismissal
Your lawyer may file this motion when your lawsuit is in the early stages. Lawyers tend to file this motion before the discovery period starts. Motions to dismiss tend to revolve around the information in the complaint while the evidence and exhibits that support it is filed. If you’re the plaintiff, the courts have to think about what’s best for you from the standpoint of the case before dismissing the case. If the courts dismiss your case, it’s probably because some of these exist.
The court doesn’t have the jurisdiction to rule on your case – the court may not have the power to regulate on the subject and material in your case. If a special court has to hear your case out, that will be the case.
The court doesn’t have personal jurisdiction – As the city court may not have the power to pass decisions that will affect you personally. That will be the case if you don’t have much contact as the lawsuit is being filed.
Lack of a proper venue – states must, by statute, hold the trial in a specific venue. Your case may be dismissed if the court is unable to do that!
The summons was flawed – Your case can be dismissed if the summons was flawed. In other words, if there were technical defects in the summons. The same would be true if you weren’t served the proper summons and complaint by the deadline. There are many reasons why the summons and complaint can be served to you improperly. You need to consult with your lawyer to determine what all of these are.
You don’t have a case – that would apply if there is insufficient evidence to prove that your actions resulted in the plaintiff’s injuries.
The Summary Judgement Motion
You have that when the key aspects of the case are indisputable, and a judgment must be there for one of the parties. The case ends before there’s a trial in that instance. A trial can occur when a neutral third party and not one of the parties involved in the lawsuit can decide. That party can either be the jury or the judge, as per personal injury lawyer in Hamilton.
If you’re the plaintiff and feel that the facts in the case rule in your favor, you can file a summary judgment and let the courts make the final decision. The same is true for the defendant. Note that the case will go to trial if the courts side with the opposite party.
Many legal analysts refer to a summary judgment as a ‘blunt instrument’ because it can stop a lawsuit in its tracks suddenly and completely. If the defendant is filing a summary judgment and you don’t want that, you have to give the courts enough evidence to prove beyond a reasonable doubt that the facts in the case are disputable. The court will have no choice but to forward the case to trial if and when you do that.
Default Judgment Motion
The defendant has a deadline to meet when the summons and complaint papers are served to him or her. That person is considered to default if he or she doesn’t answer by the deadline.
You may ask the clerk to file a default entry if you’re the plaintiff. Note that it’s a pretty serious action on your part. Because the defendant has not appeared in court at the required time, he or she can’t plead not guilty in court in response to your allegations and charges. You’ll win your settlement by default.