{"id":368965,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/resolution-before-trial-court-motions.html"},"modified":"2024-05-23T11:41:59","modified_gmt":"2024-05-23T16:41:59","slug":"resolution-before-trial-court-motions","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/resolution-before-trial-court-motions.html","title":{"rendered":"Resolution Before Trial: Court Motions"},"content":{"rendered":"\n
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Resolution Before Trial: Court Motions<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, 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

Litigation is time-consuming and expensive. When possible, attorneys prefer to resolve cases before they reach the courtroom. The rules of civil procedure allow them to shortcut the process with pretrial motions.<\/p>\r\n

A motion<\/a> is any legal pleading asking for the court’s order on an issue. Pretrial motions happen after filing a criminal or civil case. A dispositive motion<\/a> asks the judge for a ruling to end the case before the trial begins. Nondispositive motions may affect the case but will not prevent it from going to trial.<\/p>\r\n

Motion to Quash<\/h2>\r\n

A motion to quash is a request to have all or part of a court proceeding declared invalid or void. It can be specific to one court order, such as a subpoena, warrant, or entire complaint. The judge reviews all arguments and evidence in favor of the motion and any arguments by the opposing party.<\/p>\r\n

A motion to quash a complaint or warrant may lead to dismissal of the case. Potential witnesses use motions to quash to avoid subpoenas and depositions.<\/p>\r\n

Motion to Dismiss<\/h2>\r\n

If a defendant believes a complaint has legal or factual flaws, they file a motion to dismiss. The judge reviews the motion in a way that most benefits the plaintiff. A pretrial motion to dismiss is usually based on one of these legal theories:<\/p>\r\n