6 Types of Legal Motions in the US

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6 Types of Legal Motions in the US

In order for a judge to take any measures on a disputed matter, one of the parties in the dispute must request the judge to rule on it. A motion would be an appeal to the judge or court to resolve a particular matter by a prosecutor, defendant, or plaintiff.  Legal motions have some common aspects of the justice system of America, and it ensures that contentious or disputed points, in any case, can really be addressed swiftly and efficiently, allowing it to be concluded effectively in the end. At various moments during a trial, several motions can be filed, including:

  • Prior to the start of the trial
  • During that case
  • After a decision has been reached

Although there are numerous motions that can be raised, here are a few common ones.

1. Motion to Dismiss

Whenever a side (typically the defendant) asserts that perhaps the claim of the plaintiff is not one upon which the court could rule, a motion to dismiss, sometimes also called throwing out any case, is filed. In other terms, whenever a motion to dismiss gets filed, the party initiating the motion is simply stating that perhaps the issue in question is not something over which that court has jurisdiction.

2. Motion to Compel

When filing a motion to compel, the advancing party requests that the court utilize its power to compel the other side to do what they have previously declined to do.

3. Motion to Strike

If one party wants something taken out of the case file, they file a petition to strike. Once the file contains the terminologies, language, or information that’s not acceptable evidence, such a motion is frequently filed.

A judge's gavel


4. Motion in Limine

A motion in limine addresses what evidence could be given to a juror in court as well as what evidence can’t. A motion in limine guarantees that biased evidence isn’t submitted to the jurors, rather than risking the jurors being introduced to information that may subsequently be ruled to be unacceptable.

5. Motion for Judgement

The most common type of motion is the motion for summary judgment. The motion for summary judgment is filed before the case starts, albeit it’s not always accessible. This motion requests that the court rule on the issue without having a trial. Such a move could only be filed if the facts of either party involved in the case facts are not in dispute, leaving just the court’s final verdict to be determined. A motion for summary judgment, if possible, can save both parties a lot of money and time.

6. Motion for Directed Verdict

A motion for a directed verdict is a move in which one party, such as the defendant, requests the judge to finish the case. It’s similar to the motion for summary judgment.  The defense files a request for a verdict after the prosecutor has rested their case.

If you’re looking for a consultant firm to help you with your case(s) in court, Legal-Help provides assistance in various ways. We can help you with your cases with our legal consultation and trial preparation services. Moreover, we also provide forfeiture and restitution services. For more information, feel free to reach out to us.

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

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