9. Proposed Order
• A motion seeks the court to act
• The court generally acts by issuing an
order
• The proposed order is drafted so the
judge can rule on the motion and sign
the order that was submitted with it
10. Benefits of Proposed Order
• Speed; that is, upon a decision, the
order can be signed immediately
• Clarity; that is, this order describes what
is sought by the moving party
11. Motions to Dismiss
• Rather than file an Answer some
litigants may rely upon a motion to
dismiss the litigation
• Motion to Dismiss suggests plaintiff’s
complaint is fundamentally flawed
12. Responses to Motion to
Dismiss
• Reply and contest basis for motion to
dismiss
• Some flaws in the Complaint may be
satisfied by filing an Amended
Complaint with the “missing” information
now included
13. Motion for Judgment on the
Pleadings
• At the close of pleadings
• May be file by either plaintiff or
defendant
• Seeks dismissal, while assuming all
facts as plead are true
• Asserts there is a fundamental legal
flaw in opponent’s cause of action
14. Motion for Entry of Default
Judgment
• Failure to answer within time, may result
in the entry of default
• In federal court, entry of default
prevents other side from filing answer
• If damages not readily
assessed, plaintiff must move before
the court to determine damage amount
15. Motion to Vacate Default
• This motion seeks to reopen a default
judgment
• Usually requires a good reason for the
failure to answer
• Many jurisdictions will also require that
the defaulted party has a valid defense
to the complaint
16. Motion for Request for
Extension of Time to Answer
• When agreement from plaintiff is not
able to be obtained
• This motion seeks more time from the
court to answer the complaint
17. Discovery Motions I
• During the discovery process, many
motions may be used to either compel
compliance or protect a party from
harassment or unduly burdensome
requests
18. Discovery Motions II
• When a party has failed to answer or
satisfactorily answer a discover
request, a Motion to Compel is often
used
• Many jurisdictions require counsel to
confer in effort to avoid filing discovery
motions
19. Discovery Motions III
• A party receiving a discovery request
will sometimes seek court’s protection
from some requests
• Usually requires a showing that the
request is unduly burdensome
20. Protective Order
• Party seeking protection from a
discovery request will seek a protective
order
• Protective order will determine limits of
the need to respond to discovery
request
22. Motion for Summary
Judgment I
• Seeks dismissal as there is no serious
factual dispute
• No need for a finding of fact, just
decision on the law
23. Motion for Summary
Judgment II
• Differs from earlier motion to dismiss
• This motion relies on
pleadings, discovery
responses, affidavits
• Judgment can be granted on a partial
basis; that is, may not resolve all
counts, but only some
24. Motion for Summary
Judgment III
• Summary judgment motion may be
defeated if, in response to the motion,
the adversary is able to show there is a
material factual dispute
• This material factual dispute has to be
resolved at a trial
25. Motions During Trial
• Motions during trial are not always
anticipated and unlike most other
motions will be oral
26. Motion to Mold Verdict
• Occasionally a decision will require the
intervention of the court to shape the
decision to the facts of the case
• In a case of comparative
negligence, the court may have to mold
the verdict to reflect the dollar amount of
a verdict based on the liability
determined
27. Judgment N.O.V.
• Also known as a Motion for a Judgment
As a Matter of Law
• This is a rare motion that asks the judge
to set aside a verdict of a jury
28. Motion for a New Trial
• Seeks new trial based on errors during
trial
• Usually made to the judge that heard
the case
• Usually made shortly after decision
• Usually a requirement to file an appeal