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Chapter 9 Motion Practice. Procedural Requests to the Court. Filing Motions. Points and Authorities/Trial Briefs Supports motion (legal argument) Points: Legal arguments Authorities: Legal basis (cases/statutes) Subjective/Persuasive Argue client’s position. Sample Motions.

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chapter 9 motion practice

Chapter 9Motion Practice

Procedural Requests

to the Court

filing motions
Filing Motions
  • Points and Authorities/Trial Briefs
    • Supports motion (legal argument)
      • Points: Legal arguments
      • Authorities: Legal basis (cases/statutes)
  • Subjective/Persuasive
    • Argue client’s position
sample motions
Sample Motions
  • Motion to Dismiss
    • Request to end litigation without going to trial
      • Dismissal w/o prejudice: case may be brought again
      • Dismissal w/ prejudice: ends case
  • Motion for Change of Venue
    • Request to move trial to another location
      • Due to publicity, etc.
  • Motion in Limine
    • Request to exclude certain evidence or limit issues
  • Motion to Suppress
    • Request to exclude specified evidence
  • Motion to Compel
    • Request for court to order a party/person to do something
      • E.g., Motion to Compel Discovery
slide4
Motion to Continue
    • Request to continue trial or hearing
  • Motion to Extend/Motion for Enlargement
    • Request for additional time to respond
  • Motion for Summary Judgment
    • Pretrial Motion
      • Request for court to issue judgment without trial because no material facts are in issue
  • Motion for Directed Verdict
    • Trial Motion
      • Request made after one party has presented case
        • Argues no prima facie case established
  • Motion for Judgment NOV
    • Post-Trial Motion
      • Request to set aside jury’s verdict (no legal basis)
  • Motion for New Trial
    • Post-Trial
      • Requests new trial because of procedural error
slide5
Justice Court

Hinton County, State of Confusion

John Johnson, )

Plaintiff, ) Case No.: 03-38920

)

v. ) Hearing Date: 1/04/04

) Hearing Time: 2:30 p.m.

Joy Smith, )

Defendant. )

____________________________

Motion for Summary Judgment

COMES NOW, Defendant, by and through her attorney of record, Jane Soderly, Esq. of the Law

Offices of Daily and Myers, hereby files her Motion for Summary Judgment. This Motion is made and

based upon the Points and Authorities attached herein, the papers, and any oral argument which may

be entertained at the time of the hearing on this matter.

Dated this ____ day of ____, 2004.

By:________________________

Jane Soderly, Esq.

Attorney for Defendant

Address

Phone Number

Note: Certificate of Mailing Attached

notice of hearing
Motions must generally be noticed

All parties are given notice of a hearing

Arguments made on motions

Justice Court

Hinton County, State of Confusion

John Johnson, )

Plaintiff, ) Case No.: 03-38920

)

v. ) Hearing Date: 1/04/04

) Haring Time: 2:30 p.m.

Joy Smith, )

Defendant. )

------------------------------------------------

Notice of Motion Hearing

TO: JOHN JOHNSON, Plaintiff, and

TO: BORLAND AND BORLAND, his counsel

YOU AND EACH OF YOU, WILL PLEASE TAKE NOTICE that

the undersigned will bring the foregoing Motion for Summary Judgment

on for hearing before the above-entitled Court in Dept. 2, on the 4th day of

January, 2004, at the hour of 2:30 p.m., or soon thereafter as counsel can

be heard.

Dated this ____ day of ____, 2004.

By:________________________

Jane Soderly, Esq.

Attorney for Defendant

Address

Phone Number

Note: Certificate of Mailing Attached

Notice of Hearing
table of authorities
Table of Authorities
  • Index of Authority
    • Cite cases, statutes, constitution, etc. relied on in brief
    • Indexed by:
      • 1. Group (constitution, statutes, cases, etc.) OR
      • 2. Order of Appearance
table of authorities1
Table of Authorities

Constitutions

U.S. Const. Art. I, §7…………………………………… 2

Nev. Const. Art. X, §2…………………………………. 2

Statutes

N.C.G.S. §200.160…………………………………….. 3

29 U.S.C. §253…………………………………………. 3, 4

Cases

Ashby v. Gant, 691 F. Supp. 214 (D.Nev. 1992)….. 1, 2

Chart v. Jones, 97 F.3d 1163 10th Cir. 1996)……… 2, 4

Davis v. Bauer, 746 F. Supp. 523 (D.Nev. 1994)….. 5

Court Rules

N.R.C.P. 56 (a)(1)………………………..................... 5

Administrative Regulations

31 C.F.R. §114.80(a)(1977)…………........................ 2

Secondary Authority

4 Am. Jur. 2d, Attorneys §112 (1979)….................... 3

67 C.J.S., Real Property §42 (1983)………............... 5