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Filing a Personal Injury Lawsuit—Part Two

Post-Discovery Motions | Preparation for Trial

Filing a Personal Injury Lawsuit—Part TwoYou’ve filed your complaint and the defendant has submitted an answer in a timely manner. You’ve also conducted all necessary depositions, and completed all other discovery. You’re ready to go to trial, right? Not quite yet…the court dockets are always extremely full, so judges have a vested interest in streamlining the trial process, or avoiding trial, if at all possible. That’s typically done though pre-trial motions, which come in two varieties—dispositive motions and evidentiary motions.

Dispositive Motions

A dispositive motion is one that seeks to either throw out certain claims or dismiss the lawsuit altogether. Such a motion can be filed by either party. An injured party may ask the court for summary judgment, arguing that the discovery has produced no evidence that could support any type of meaningful defense. Conversely, the defendant may ask the court to dismiss some or all of the lawsuit, contending that the plaintiff has not provided sufficient evidence to prove all the required elements of the claim.

Evidentiary Motions

In the American civil justice system, the concept of “open discovery” prevails. That means that both parties are entitled to access to all relevant information and evidence. It also means that, during the discovery process, evidence may be gathered that may not be admissible at trial. It may be based on hearsay, may be argumentative or may be an opinion not based on fact. The court will typically allow parties to gather that type of evidence outside of the hearing of the jury, but cannot allow such evidence at trial, as it may unfairly bias the jury. Rather than have the discussions at trial, where the jury may hear something they shouldn’t, the court will usually hear arguments and make rulings about certain types of evidence before the trial starts.

Contact the Law Offices of David J. Karbasian, PC

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