A “motion” in a legal context is a formal request submitted to the court overseeing a case.
Motions can be submitted by both sides of a case to make certain requests, such as to submit new evidence or dismiss the claim.
When a lawsuit is filed in Nevada for a bodily injury, personal injury case motions can shape the course and outcome of the legal dispute.
Understanding the legal motions that may be relevant to your case is important if you are a plaintiff, or injured party, in personal injury litigation.
Understanding Legal Motions in Personal Injury Litigation
A legal motion is the official way to put in a request with the courts in a Nevada personal injury case. It asks a judge to take a specific action in order to shape the case.
Personal injury case motions can be submitted before, during or after a trial.
Pre-Trial Motions in Personal Injury Cases
Pre-trial motions are filed any time before the first day of a personal injury trial.
They can be filed to challenge the legal basis of a claim, submit or bar certain evidence, or determine which issues a jury will hear.
Common types of pre-trial motions include:
- Motion to dismiss: challenging the legal basis of a claim to end the case before trial.
- Motion for summary judgment: asking the court to rule in your favor without a trial.
- Motion for protective order: limiting the scope of evidence discovery.
- Motion to strike: asking to remove irrelevant or improper statements from proceedings.
- Motion in limine: excluding prejudicial evidence.
Pre-trial motions are important because they can determine how the rest of the case will go. They also have the power to end a claim early, saving time and money.
Discovery-Related Motions and Evidence Disputes
The success of a personal injury case depends on the strength of its supporting evidence.
Filing discovery-related motions can alter the evidence and information that is allowed to be heard by a jury, potentially giving one side an advantage.
Discovery-related motions include:
- Motion to compel discovery: requiring the other party to produce requested evidence.
- Motion for independent medical examination (IME): requesting that the victim receive a medical examination from a third party.
- Motion to quash subpoenas: voiding a subpoena that is too broad to protect privacy.
- Motion for sanctions: penalizing a party for discovery violations, such as withholding or destroying evidence.
- Motion to change discovery deadlines: lengthening or shortening the discovery timeline.
- Motion for expert witness disclosure: revealing the identity, qualifications and opinions of an expert prior to trial.
- Motion to challenge or strike expert witness: requesting an expert’s testimony be barred or limited.
Evidence-related motions submitted during the discovery phase are important, as they can keep irrelevant and unreliable evidence away from a jury.
This can keep the personal injury case on the right track.
Dispositive Motions That Can End Your Case
Depending on the motions filed, they may shorten or extend the timeline of a personal injury claim.
A dispositive motion is a request submitted to the court to resolve a claim or lawsuit without a trial.
It seeks a ruling that either dismisses the case outright or rules in one party’s favor without needing the trial process.
A dispositive motion could help or hurt you, depending on the context.
For example, if your personal injury lawyer submits a motion for summary judgment, a judge may rule in your favor without the hassle of going to court.
If there is no genuine dispute about the facts of the case, you may be entitled to win as a matter of law with no trial needed.
Similarly, a motion for directed verdict asks a judge to make an immediate ruling after the other side presents its case, arguing that there is not enough evidence for a jury to rule in the defendant’s favor.
This could end the trial instantly with a win for the plaintiff, if granted.
Defending Against Motions to Dismiss Your Claims
Dispositive motions filed by the defendant of your claim, on the other hand, could end your case early without a favorable outcome.
It is critical to hire an experienced personal injury lawyer to help you counter aggressive defense motions to dismiss your claim.
Ed Bernstein uses solid legal strategies to overcome motions filed by adversaries to have claims prematurely thrown out.
Our attorneys can carefully review the reason behind the motion to dismiss, file a detailed opposition brief that raises strong defenses and represent you during a hearing if an oral argument is required.
Mid-Trial Motions and Evidentiary Objections
Personal injury case motions can also address the specific legal procedures that will be used during a trial.
This includes motions to request a change of venue, control jury selection (voir dire), or bifurcate (split) a trial into separate liability and damages issues.
Mid-trial motions can be filed to control evidence and information in the midst of an ongoing personal injury trial.
These are similar to pretrial motions that are available, such as a motion in limine to prevent harmful evidence, motions to admit or exclude expert testimony, and Daubert motions to challenge scientific evidence.
Post-Trial Motions and Appeal Preparation
Finally, when a personal injury lawsuit has concluded and a jury has made its ruling, certain post-trial motions and appeals may be filed by either party.
These include:
- Motion for judgment notwithstanding the verdict (JNOV)
- Motion for a new trial to challenge the verdict or damages
- Motion to alter or amend judgment
- Motion for attorney’s fees and costs recovery
These motions can ask a judge to overturn the jury’s verdict, grant a new trial or change a judgment that has already been entered. Post-trial motions provide an opportunity to correct errors before an appeal.
Ed Bernstein’s Approach to Motion Practice
One of the key benefits of hiring a personal injury attorney to represent you during a claim is to gain access to in-depth knowledge of motions, including which motions can help your claim and when and how to file them.
Your lawyer can choose the right motions for your case and submit them before critical deadlines pass.
At Edward Bernstein & Associates, we use strategic motions to strengthen our clients’ negotiating positions and achieve positive case resolutions.
As your lawyers, we can counter defense motions that may otherwise threaten your financial recovery. We engage in aggressive motion practices for maximum client protection.
Contact us today to learn more about personal injury case motions during a free consultation.