Chapter 9Chapter 9

Motion PracticeMotion Practice

Procedural Requests Procedural Requests

to the Courtto the Court

§9.1 What are Motions?§9.1 What are Motions?

Points and Authorities/Trial BriefsPoints and Authorities/Trial Briefs Supports motion (legal argument)Supports motion (legal argument)

Points:Points: Legal argumentsLegal arguments Authorities:Authorities: Legal basis Legal basis

(cases/statutes) (cases/statutes)

Subjective/PersuasiveSubjective/Persuasive Argue client’s positionArgue client’s position

Examples of MotionsExamples of Motions

Motion to DismissMotion to Dismiss Request to end litigation without going to trialRequest to end litigation without going to trial

Dismissal w/o prejudice: case may be brought againDismissal w/o prejudice: case may be brought again Dismissal w/ prejudice: ends caseDismissal w/ prejudice: ends case

Motion for Change of VenueMotion for Change of Venue Request to move trial to another locationRequest to move trial to another location

Due to publicity, Due to publicity, etc.etc. Motion in LimineMotion in Limine

Request to exclude certain evidence or limit issuesRequest to exclude certain evidence or limit issues Motion to SuppressMotion to Suppress

Request to exclude specified evidenceRequest to exclude specified evidence Motion to CompelMotion to Compel

Request for court to order a party/person to do Request for court to order a party/person to do somethingsomething

E.gE.g., Motion to Compel Discovery., Motion to Compel Discovery

Motion to ContinueMotion to Continue Request to continue trial or hearingRequest to continue trial or hearing

Motion to Extend/Motion for EnlargementMotion to Extend/Motion for Enlargement Request for additional time to respond Request for additional time to respond

Motion for Summary JudgmentMotion for Summary Judgment Pretrial MotionPretrial Motion

Request for court to issue judgment without trial Request for court to issue judgment without trial because no material facts are in issuebecause no material facts are in issue

Motion for Directed VerdictMotion for Directed Verdict Trial MotionTrial Motion

Request made after one party has presented caseRequest made after one party has presented case Argues no prima facie case establishedArgues no prima facie case established

Motion for Judgment NOVMotion for Judgment NOV Post-Trial MotionPost-Trial Motion

Request to set aside jury’s verdict (no legal basis)Request to set aside jury’s verdict (no legal basis) Motion for New TrialMotion for New Trial

Post-TrialPost-Trial Requests new trial because of procedural errorRequests new trial because of procedural error

Justice CourtHinton County, State of Confusion

John Johnson, )Plaintiff, ) Case No.: 03-38920

)v. ) Hearing Date: 1/04/04

) Hearing Time: 2:30 p.m.Joy Smith, )

Defendant. )____________________________

Motion for Summary Judgment

COMES NOW, Defendant, by and through her attorney of record, Jane Soderly, Esq. of the Law Offices of Daily and Myers, hereby files her Motion for Summary Judgment. This Motion is made and based upon the Points and Authorities attached herein, the papers, and any oral argument which may be entertained at the time of the hearing on this matter.

Dated this ____ day of ____, 2004.By:________________________Jane Soderly, Esq.Attorney for DefendantAddressPhone Number

Note: Certificate of Mailing Attached

§9.2 §9.2 Notice of HearingNotice of Hearing

Motions must generally Motions must generally be noticedbe noticed

All parties are given notice All parties are given notice of a hearingof a hearing

Arguments made on Arguments made on motionsmotions

Justice CourtJustice CourtHinton County, State of ConfusionHinton County, State of Confusion

John Johnson,John Johnson, ))Plaintiff,Plaintiff, ) Case No.: 03-38920) Case No.: 03-38920

))v.v. ) Hearing Date: 1/04/04) Hearing Date: 1/04/04

) Haring Time: 2:30 p.m.) Haring Time: 2:30 p.m.Joy Smith,Joy Smith, ))

Defendant.Defendant. ))------------------------------------------------------------------------------------------------

Notice of Motion HearingNotice of Motion Hearing

TO: TO: JOHN JOHNSON, Plaintiff, andJOHN JOHNSON, Plaintiff, andTO:TO: BORLAND AND BORLAND, his counselBORLAND AND BORLAND, his counsel

YOU AND EACH OF yOU, WILL PLEASE TAKE NOTICE that YOU AND EACH OF yOU, WILL PLEASE TAKE NOTICE that the undersigned will bring the foregoing Motion for Summary the undersigned will bring the foregoing Motion for Summary

JudgmentJudgmenton for hearing before the above-entitled Court in Dept. 2, on the on for hearing before the above-entitled Court in Dept. 2, on the

44thth day of day of January, 2004, at the hour of 2:30 p.m., or soon thereafter as January, 2004, at the hour of 2:30 p.m., or soon thereafter as

counsel can counsel can be heard.be heard.

Dated this ____ day of ____, 2004.Dated this ____ day of ____, 2004.By:________________________By:________________________Jane Soderly, Esq.Jane Soderly, Esq.Attorney for DefendantAttorney for DefendantAddressAddressPhone NumberPhone Number

Note: Certificate of Mailing AttachedNote: Certificate of Mailing Attached

§9.3 Briefs (Memoranda)§9.3 Briefs (Memoranda)

A Trial Brief (also called a Trial A Trial Brief (also called a Trial Memorandum) is a written document Memorandum) is a written document that argues points of law in support that argues points of law in support of the motionof the motion

A Trial Memorandum, unlike an A Trial Memorandum, unlike an Interoffice Memorandum, is Interoffice Memorandum, is subjective, trying to be convincing in subjective, trying to be convincing in favor of the clientfavor of the client

Table of AuthoritiesTable of Authorities

Index of AuthorityIndex of Authority

Cite cases, statutes, constitution, Cite cases, statutes, constitution, etc.etc. relied on in briefrelied on in brief

Indexed by:Indexed by: 1. 1. GroupGroup (constitution, statutes, cases, (constitution, statutes, cases, etc.etc.) )

OROR 2. 2. Order of AppearanceOrder of Appearance

Table of AuthoritiesConstitutions

U.S. Const. Art. I, §7…………………………………… 2Nev. Const. Art. X, §2…………………………………. 2

StatutesN.C.G.S. §200.160…………………………………….. 329 U.S.C. §253…………………………………………. 3, 4

CasesAshby v. Gant, 691 F. Supp. 214 (D.Nev. 1992)….. 1, 2Chart v. Jones, 97 F.3d 1163 10th Cir. 1996)……… 2, 4Davis v. Bauer, 746 F. Supp. 523 (D.Nev. 1994)….. 5

Court RulesN.R.C.P. 56 (a)(1)………………………..................... 5

Administrative Regulations 31 C.F.R. §114.80(a)(1977)…………........................ 2

Secondary Authority4 Am. Jur. 2d, Attorneys §112 (1979)….................... 367 C.J.S., Real Property §42 (1983)………............... 5