Motions
What are the three types of Motions to transfer?
1) improper county and convenience of the parties and witnesses 2) local prejudice 3) consent of the parties
What is a motion?
A motion is a procedural device to bring a limited, but contested, matter before a court for decision. Think of it as a request to the judge to make a decision about something to do with the case.
When does a Motion of a Directed Verdict happen?
After the plaintiff rests, and prior to presenting any evidence.
What is a Motion for Summary Judgment?
Asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, supports a ruling in favor of the moving party.
What is a Motion for Continuance?
Asks the court to postpone or delay a case that has been set for trial.
What are motions to dismiss and motions for Summary Judgment called?
Dispositive Motions.
What is a Motion for JNOV - Judgment Non Obsante Verdicto also called?
Judgment Not Withstanding the Verdict.
What is Motion for a Directed Verdict and Motion for JNOV now called?
Motion for Judgment as a Matter of Law.
When may motions be made?
Motions may be made at any point in the proceedings, although that right is regulated by court rules.
When does a Motion to Dismiss occur?
Pre-Trial
What has replaced the naming of a Motion for a Directed Verdict and Motion for JNOV?
Rule 50 of the Federal Rules of Civil Procedure
What happens if a Motion to Dismiss is granted?
The claim is dismissed without any evidence being presented by the other side.
When and where does a Motion for JNOV occur?
Typically, this motion can be used in a criminal case only to reverse a guilty verdict.
When is Motion for Summary Judgment occur?
Usually during discovery -- Pre-trial, but can be filed at other times
What is the Motion to Compel used to do?
ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery request.
What is a Motion to Compel?
asks court to order either the opposing party or a third party to take some action.
What is a Motion to Strike Deemed Admissions?
asks the court to allow a party to withdraw or amend its deemed admissions.
What is Motion to Dismiss?
asks the court to decide that a claim, even if accepted as true, is not one for which the law offers a remedy.
What is Motion in Limine
asks the court to decide that certain evidence may or may not be presented to the jury at the trial.
What is a Motion to Extend?
asks the court to extend the deadline by which a document must be filed.
What does a Motion for JNOV do?
asks the court to reverse the jury's verdict on the grounds that the jury could not reasonably have reached such a verdict, or that the verdict is unsupported by the evidence.
What is a Motion for a Directed Verdict?
asks the court to rule that the party with the burden of proof has not proven the case, and there is no need for the defense to attempt to present evidence.
What is a Motion to Transfer Venue?
asks the court to transfer a case to another county in Texas.
What is a Motion for a New Trial?
asks to overturn or set aside a court's decision or jury verdict.
What is the violation of a Motion in Limine?
can result in the court declaring a mistrial.
What does the Motion to Dismiss replace?
common law demurrer in most modern civil practice.
What do Motion to Compel usually deal with?
discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
What does a Motion in Limine generally address?
issues that would be prejudicial for the jury to hear in open court, even if the other side makes a timely objection that is sustained, and the judge instructs the jury to disregard the evidence.
When can a Motion for Judgment as a Matter of Law occur?
made at the close of the opposing party's evidence and "renewed" after return of the verdict.
What must a Motion for a New Trial be based?
on some vital error in the court's handling of the trial, such as the admission or exclusion of key evidence, or an incorrect instruction to the jury.
What happens if a Motion of a Directed Verdict is granted?
the court dismisses the case
What if a Motion in Limine is granted?
then evidence regarding it could not be mentioned in front of the jury, without first approaching the judge outside of the hearing of the jury and obtaining permission.
What is a Motion to Quash?
used to challenge defects in the citation or service of process. It does not end the suit, but simply delays it.
Why does a Motion for a New Trial Occur?
when a party is dissatisfied with the end result of a case.
When is a Motion for a New Trail be filed?
within a short time after the trail (7 - 30 days) and is decided prior to an appeal.
