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| an application for a court ruling or order; written and orally argued; must be made with notice to the adverse party, and accompanied by a memo of Points and Authorities. |
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| the date set to hear oral arguments on the motion. Judge is usually the "trier" of the motion. |
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| person who makes decision (usually judge) |
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| Motion to Quash, Motion to change venue, Motion for Summary Judgment, Motion to Strike, and Motion to Produce |
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| Motion for Nonsuit, Motion for Directed Verdict, Motion in Camera, Motion in Limine, Motion to Dismiss, Mistrial |
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| Judgment Notwithstanding the Verdict(JNOV), Motion for New Trial, Motion for Mistrial |
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| punitive damages or exemplary damages |
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| over and above what was prayed for; meant to serve as an example or punishment |
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| Motion to Quash (limit or suppress) |
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| a challenge to the jurisdiction of the court over the party, based upon: physical presence, and permanent residence |
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| move the trial; defense feels they cannot get an impartial jury |
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| Motion for Summary Judgment |
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| defense asserts there is really no cause of action (insufficient grounds). May be asserted if the points were not stated in the demurrer or if the demurrer was denied. If summary judgment is granted, the lawsuit is over. |
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| may be asserted if the points weren't raised in the demurrer or if the demurrer was overruled. Goes all the way back to the pleadings. Pertains to the complaint. 1) to eliminate anything irrelevant or scandalous in the complaint 2) to remove technical defects (if granted, complaint must be amended) |
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| seeking the court's order to a party to produce medical records, photos, and a list of witnesses that he plans to call |
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| made at the halfway point. (Defendant can seek if Plaintiff hasn't proved his case. Similar to summary judgment). |
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| Motion for Directed Verdict |
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| Either party may make this motion. There must be overwhelming proof on one side. If granted, eliminates the need for jury deliberation. This is done after both sides rest. |
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| Marsden hearing (confidential). In judge's chambers, usually during recesses. Reporter's transcript of these proceedings is sealed in a separate envelope. Opened in appeal |
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| Beagle Motion. Part of a quash order. If the court denied the Motion to Quash, counsel asks for the prevention of evidence that could be damaging until its admissibility can be determined. |
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| Motion to Dismiss(charges) |
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| overwhelming evidence that the defendant is innocent. Can file this motion at any time. |
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| can be after jury deliberations or after trial |
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| Judgment Notwithstanding the Verdict(JNOV) |
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| Motion to overturn a jury's verdict(damages awarded are unrealistic) |
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| Motion for New Trial-grounds |
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Definition
1)Irregularity in proceedings by the court, jury, or adverse party; e.g. misconduct
2) Accident or surprise - one attorney is misled by the other as to what was stated in Points and Authorities
3) Newly discovered evidence - evidence unavailable before trial is now found
4) Error in law - jury instructions or ruling on objections |
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| Motion for Mistrial - grounds |
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| deadlocked jury, loss of jurors, error in law |
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