Sub-topic 4: Other Common Motions in Legal Brief Writing
Beyond the foundational motions, a litigator frequently encounters and utilizes a variety of other motions to shape the course of litigation, manage discovery, and advance their client's position. Understanding these common motions is crucial for effective legal brief writing and persuasive advocacy.
Motions in Limine
A <strong>Motion in Limine</strong> (Latin for "at the threshold") is a pretrial motion asking the court to rule on the admissibility of certain evidence before it is offered at trial. The goal is to prevent prejudicial or irrelevant evidence from being presented to the jury, thereby avoiding potential mistrials or unfair prejudice.
Motions for Summary Judgment
A <strong>Motion for Summary Judgment</strong> is filed when a party believes there are no genuine disputes of material fact and that they are entitled to judgment as a matter of law. This motion seeks to resolve the case, or specific claims within it, without the need for a full trial.
Motions to Compel Discovery
When a party fails to respond to discovery requests or provides evasive or incomplete answers, the opposing party may file a <strong>Motion to Compel Discovery</strong>. This motion asks the court to order the non-compliant party to provide the requested information.
Motions for Sanctions
<strong>Motions for Sanctions</strong> are filed when a party has engaged in misconduct, such as violating court orders, discovery abuse, or filing frivolous claims. The court can impose various penalties, including monetary fines, exclusion of evidence, or even dismissal of a case.
Motions for Reconsideration
A <strong>Motion for Reconsideration</strong> asks the court to review and change a previous order or decision. These motions are typically granted only in limited circumstances, such as when there has been a manifest error of law or fact, or the discovery of new evidence.
Motions to Dismiss
While often considered a preliminary motion, various grounds for dismissal can arise throughout litigation. A <strong>Motion to Dismiss</strong> seeks to terminate the case entirely or specific claims within it, often based on procedural defects or failure to state a claim upon which relief can be granted.
| Motion Type | Primary Purpose | Timing | Key Consideration |
|---|---|---|---|
| Motion in Limine | Exclude evidence before trial | Pre-trial | Admissibility and prejudice |
| Summary Judgment | Resolve case without trial | Pre-trial (after discovery) | No genuine dispute of material fact |
| Compel Discovery | Obtain requested information | During discovery | Good faith effort to resolve |
| Sanctions | Punish misconduct | Any stage | Violation of rules/orders |
| Reconsideration | Correct prior error | After order issued | Manifest error or new evidence |
| Dismiss | Terminate case/claims | Early stage (often) | Procedural defect or failure to state claim |
Mastering these diverse motions is not just about knowing their names, but understanding the strategic advantage each can provide in shaping litigation and advocating effectively for your client.
Learning Resources
This article from the American Bar Association provides practical advice and strategies for drafting and arguing motions in limine.
The official text of the Federal Rule of Civil Procedure governing summary judgment, essential for understanding the legal standard.
A blog post offering insights and tips on effectively drafting and arguing motions to compel discovery in civil litigation.
Guidance from the Department of Justice on Rule 11 sanctions, which address frivolous filings and attorney misconduct.
An accessible explanation of the circumstances under which a motion for reconsideration can be filed and the general process involved.
This resource breaks down the common grounds for filing a motion to dismiss a lawsuit, including failure to state a claim.
While a book, this ABA publication (often available through law libraries) offers comprehensive strategies for drafting persuasive legal motions.
A foundational video explaining various types of civil procedure motions, including those discussed in this module.
A PDF document from Georgetown Law detailing key aspects of motions practice in legal brief writing.
A concise overview of motion practice in the legal system, defining what motions are and their general purpose.