Injury Lawyer Basic: Court Motions

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Injury Lawyer

Pretrial motions can decide many vital questions about your claim. A motion is a demand your attorney files with the court asking for a decision on a specific matter. If the decision on the motion could dismiss the litigation and end the argument before trial, it is known as a dispositive motion. If the decision is on some related question that rises throughout the litigation, it is a non-dispositive motion. The info below is planned to give you a plain idea of dispositive motions that might end your case earlier trial, and in what way those motions work.

Motion to Dismiss

A motion to dismiss is every so often filed in the very initial stages of the litigation, before the parties have directed discovery. The material existing in the complaint and any displays to the complaint are the center of the motion, which is gotten when the defendant trusts that the complaint is legally inacceptable. In determining a motion to dismiss, the court must view the evidences set to the light most satisfactory to the plaintiff.

Summary Judgment Motion

In more or less cases, the key evidences are not disputed and need that judgment be go in for one of the parties. This is identified as a summary judgment, in that it summarily conclusions the case before trial. The goal of a trial is to have anybody — the judge or the jury — choose what the truths are. If the facts are not in argument, there is no requirement for a trial. In its place the party who trusts that the undisputed facts force a ruling in his or her side, will file a motion for summary judgment. The motion requests the court to think through the undisputed facts and put on the law to them, and claims that the law needs a judgment for the party carrying the motion.

Motion for Default Judgment

If a defendant be unsuccessful to answer the complaint or file a motion to dismiss in the time limit set forth in the order, the defendant is in default. Once a defendant is in default, the accuser can ask the court clerk to make a note of that detail in the file, a process called entry of default.

Sound Puzzling? Ask a Lawyer for Consultation

It doesn’t matter how clever or educated you are — the law can be very puzzling for anybody, and an injury lawyer will be able to help you make sense of your choices. They are qualified to look for chances to avoid trials or fail the opposition’s arguments with motions.

6 Comments
  1. Jason Yanlk

    April 21, 2014 at 11:24 am

    Many accidents can be prevented if certain precautions are taken. Most of the tips for staying safe are very simple and logical, but we sometimes forget to apply them or think ‘it’s not going to happen to me’. Statistics reveal that there are over 80,000 car accidents in Ontario yearly, and many of these could be prevented if we ensured we are doing everything we can in order to avoid collisions and decrease the risk of injury.

  2. Bradley Souliven

    April 22, 2014 at 3:15 pm

    A major incentive for this exciting new technology in Ontario is not only to primarily reduce accidents, but is also of the economical nature. Ontario has over one hundred companies classified as autonomous vehicle industry companies. For example, Varden Lab is a company founded by Waterloo students who aim to assist the retired population and turn shuttles into self-driving vehicles. Another interesting company in Waterloo is developing a software for crash avoidance which would prevent hackers from hacking into the systems of driverless cars and directing them to go on the road. It is predicted that technology will form approximately 40-60% of such cars, whereas now it is at about 4-5%.

  3. Pete Banner

    April 23, 2014 at 11:50 pm

    Furthermore, with today’s day and age, there are many technological distractions that just take our attention away, even for a few quick seconds. From cell phones to tablets and other gadgets, as drivers, we need to ensure that these ‘toys’ are out of sight and reach when driving. Not only are there imposed fines for distracted driving, but not being distracted by one of these devices is a life saver. Glancing at your received snapchat message could be enough to endanger your safety.

  4. Fred Backer

    April 24, 2014 at 2:33 pm

    In the next few years, we will likely be seeing major changes in the legal frameworks, insurance premiums and consumer implications, as a result of technology moving at the speed of light. Questions such as how much insurance premiums are going to cost and who will be responsible if technology fails will be questions legislators will have to resolve. Is it fair to have such high premiums when essentially, humans will no longer be ‘operating’ such vehicles?

  5. Thomas Freeman

    April 25, 2014 at 5:42 pm

    Many car accident victims may have the impression that if they obtain a lawyer for their personal injury case, that they will have their ‘day in court’ in order to be heard and have their justice served. The reality is, however, that 90% of car accident cases, in fact, settle out of court. There are many advantages to settling cases in such ways.

  6. Louis Benedict

    April 26, 2014 at 8:22 pm

    Furthermore, going to court can be stressful for all parties involved. For example, it is enough that the victims of the car accident are stressed and anxious after the accident itself, and going to court could just prolong this stressful period of their lives. In certain cases, victims may experience certain mental conditions such as post-traumatic stress and going to court would mean aggravating those conditions.

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