Pretrial Motions

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10 Terms

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Motion to Dismiss

A motion (normally filed by the defendant) that asks the court to dismiss the case for a specified reason, such as lack of personal jurisdiction or failure to state a claim.

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Motion to Strike

A defendant’s motion asking the court to strike (delete or remove) certain paragraphs from the complaint to better clarify the issues in dispute.

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Motion to Make More Definite or Certain

A motion by the defendant when the complaint is vague that asks the court to compel the plaintiff to clarify the cause of action.

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Motion of Judgement on the Pleadings

A motion by either party asking the court to enter judgment in their favor based on the pleadings because there are no facts in dispute

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Motion to Compel Discovery

A motion asking the court to force the non moving party to comply with a discovery request.

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Motion for Summary Judgment

A motion asking the court to enter a judgment in one part’s favor without a trial

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Depositions

Sworn testimony, recorded by a court reporter of the parties
and witnesses.

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Interrogatories

Written questions related to the subject matter of the
lawsuit that
1. Answered under oath

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Requests for Admission:

Questions to the responding party phrased in an
“admit” or “deny” format.

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