Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Resolving Your Case Before Trial: Court Motions

Pretrial motions can resolve many important questions about your lawsuit. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the litigation, it is a nondispositive motion. The filing of pretrial motions is just one stage of a personal injury case, but these motions can significantly determine the course of your case.

The information below is intended to give you a basic idea of dispositive motions and, ultimately, how to resolve your case before trial. The names and timings of dispositive motions can vary between individual states as well as between federal and state courts; generally however, these motions are categorized as follows:

Motion to Dismiss

A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. The material presented in the complaint and any exhibits to the complaint are the focus of the motion, which is brought when the defendant believes that the complaint is legally invalid. In deciding a motion to dismiss, the court must view the facts set forth in the complaint in the light most favorable to the plaintiff.

The motion to dismiss is usually based on one or more of the following legal deficiencies:

  • Lack of subject matter jurisdiction: The court doesn't have the power to rule on the controversy. For example, state law may require a special court to determine certain matters, such as requiring that a probate court, rather than a general civil court, decide a complaint involving the interpretation of a will.
  • Lack of personal jurisdiction: The court does not have power to make decisions affecting the defendant personally. Under federal civil procedure, for instance, a court lacks jurisdiction over you if you do not have sufficient minimum contacts with the place where the lawsuit has been filed. States follow similar principles. For example, if you were involved in an automobile accident at Yellowstone National Park in Wyoming, but you live in Florida and you're being sued in Vermont, you would have a good reason to argue that the Vermont court doesn't have jurisdiction over you; arguably, however, if your presence at Yellowstone satisfies the "minimum contacts" requirement by, for instance, evidencing that you apprised yourself of Wyoming's public roadways, the state of Wyoming may have personal jurisdiction to hear a case against you.
  • Improper venue: "Venue" refers to the particular location of the court, such as the particular city or county in which the courthouse is located. States have statutes setting forth the places within the state where you can be sued. If you are not sued in one of those places, the site of the lawsuit is inappropriate. A venue may be legally improper even if the court has personal jurisdiction over you. A frequent solution to this problem is not to dismiss the case, but to order that it be transferred to the proper venue.
  • Insufficiency of process or insufficient service of process: A case may be dismissed if there is a technical defect in the summons (which is rare), or if you were not properly served with the summons and complaint (which is more common). Service may be improper for a number of reasons, so be sure to tell your lawyer about how you were served and any odd circumstances so your lawyer can determine whether it could lead to the case being dismissed.
  • Failure to state a claim upon which relief may be granted: In some cases, your lawyer may conclude that the facts set forth in the complaint do not state a legal claim for relief. In some state courts, this may also be known as a demurrer. For example, the complaint may allege that you did some negligent act that injured the plaintiff. The law may provide that you don't have any responsibility to look out for the plaintiff under the circumstances described in the complaint. If you don't have a legal responsibility, you cannot be held liable for the plaintiff's injuries.

Summary Judgment Motion

In some cases, the key facts are not disputed and require that judgment be entered for one of the parties. This is known as a summary judgment, in that it summarily ends the case before trial. The purpose of a trial is to have somebody -- the judge or the jury -- decide what the facts are. If the facts are not in dispute, there is no need for a trial. Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.

Summary judgment is described as "a blunt instrument" that can abruptly terminate the litigation. To avoid a summary judgment, the other party must provide the court with evidence that would be permitted at trial that indicates that the key facts are disputable. If the court agrees with the party opposing the motion and finds that the key facts are in dispute, the court cannot enter judgment and must instead send the case to trial.

Motion for Default Judgment

If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. When a defendant is in default, the plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default. Entry of default is serious: it means that because the defendant has failed to appear, they will not be permitted to contest whether they are liable to the plaintiff. Instead, the only question in dispute is how much the plaintiff should receive in damages. The court will send the defendant a notice stating that default has been entered against them.

If a defendant is in default, acts promptly, and has an adequate excuse, they may be able to convince the court to set aside or vacate (undo) the entry of default from the file. Courts very much prefer that cases be decided on the merits, which often influences them to grant a motion to vacate entry of default. But in some cases, a court will decide that the defendant's reasons aren't good enough and refuse to set aside or vacate the entry of default.

Sua Sponte Dismissal

The term "sua sponte" means "of one's accord" or "voluntarily." A sua sponte dismissal refers to a motion for dismissal issued by the court, but not requested by either party to the lawsuit. Generally, a judge will order a sua sponte dismissal if they determine that there are problems with a trial. For instance, a judge may dismiss a case after realizing that the court lacks jurisdiction.

Have a Lawyer Help Resolve Your Case Before Trial with Court Motions

It doesn't matter how smart or educated you are -- the law can be very confusing for anyone, and a seasoned attorney will be able to help you make sense of your options. Injury lawyers are trained to look for opportunities to avoid trials or weaken the opposition's arguments through pretrial motions, and it may be helpful to consult a local personal injury attorney to assist you. For other types of cases involving court motions, contact a litigation attorney today to get professional help with your case.

Was this helpful?

Thank you. Your response has been sent.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps

Contact a qualified personal injury attorney to make sure your rights are protected.

Begin typing to search, use arrow keys to navigate, use enter to select

Help Me Find a Do-It-Yourself Solution

Copied to clipboard

Find a Lawyer

More Options