{"id":352978,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/resolving-your-case-before-trial-court-motions.html"},"modified":"2024-03-17T12:38:54","modified_gmt":"2024-03-17T17:38:54","slug":"resolving-your-case-before-trial-court-motions","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/resolving-your-case-before-trial-court-motions.html","title":{"rendered":"Pretrial Motions in Personal Injury Lawsuits"},"content":{"rendered":"\n
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Pretrial Motions in Personal Injury Lawsuits<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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In a personal injury lawsuit, some decisions can be made before the trial. Pretrial motions ask the court to make these decisions. Common pretrial motions include requests to compel or exclude evidence. They may also end the case early by seeking summary judgment or dismissal.<\/p>\n\n <\/div>\n\n\n\n

A\u00a0pretrial motion\u00a0is a request (usually written) made by a party asking the court to decide an issue before trial. Pretrial motions can resolve many essential questions about your lawsuit.<\/p>\n

If the ruling on the motion can terminate the litigation and end a dispute before trial, it’s called a dispositive motion. If the ruling is on an incidental question that arises during litigation, it’s a non-dispositive motion.<\/p>\n

The filing of pretrial motions is just one\u00a0stage of a personal injury case<\/a> or other legal dispute. But these motions can determine the course of your case significantly. If you are considering a lawsuit, speak with a personal injury attorney<\/a> to determine how to proceed with your injury claim.<\/p>\n

This article gives a basic overview of dispositive motions. It discusses pleadings, pretrial proceedings, and motions to dismiss. The article also addresses summary judgment and default judgment motions, among other types of pretrial motions.<\/p>\n

Pleadings<\/h2>\n

Pleadings<\/a>\u00a0are formal documents you file with the court outlining your claims and defenses. The initial pleading is usually the\u00a0complaint<\/a>, which the plaintiff files. The plaintiff is the person or entity initiating the lawsuit. The defendant is the person or entity being sued. The defendant then files an answer, sometimes along with a\u00a0counterclaim<\/a>. Counterclaims allege that the plaintiff is liable for any damage or harm.<\/p>\n

All these documents help set the stage for the lawsuit. They provide a framework for addressing issues during the trial.<\/p>\n

Trial Date and Pretrial Proceedings<\/h2>\n

Once a lawsuit is filed, the court will set a trial date. But many steps occur before the trial begins, including:<\/p>\n