Motions are how lawyers typically ask a trial court to resolve one or more issues within a case.
This chapter describes three types: (1) motions to dismiss, (2) summary judgment motions, and (3) nondispositive motions. The first two categories are the best-known motions. The last category, which refers to motions that seek to resolve an isolated issue within the case, includes literally thousands of varietals — motions to amend complaints, to get a TRO, to quash a subpoena, to exclude evidence, to impose sanctions, to disqualify a lawyer, to delay a trial, to set aside a jury verdict, and on and on and on — even to “Require Plaintiff’s Counsel to Count to Ten Before Making Categorical Statements that Are Incorrect.” (A federal court actually granted that motion.)
Because motions are similar in many ways to briefs, this chapter predominantly fine-tunes the skills discussed in prior chapters.
It explores the key differences between motions and briefs, all to meet its larger goal of helping you to grasp some of the nuances of writing motions. It also seeks to convey a broader point that is equally important to your success as a litigator: when you want a court to do something, the way to obtain that relief is probably to file a motion. Thus, if you want to exhume a body or get a blood sample from a defendant or force a client’s former spouse to return intimate photos, do not buy a shovel, find a syringe, or break into the ex’s apartment. File a motion. Learning how to use motions is critical to becoming an effective trial litigator.