A motion is a formal request made by a party to a lawsuit asking the judge
to enter a particular order or ruling. Motions are typically made in writing
explaining why the court should grant the motion. The opposing party has
the opportunity to file a written response. The court hears arguments
from both sides and then decides whether or not to grant or deny the motion.
Experienced Newburgh personal injury attorneys know that a motion for summary judgment can eliminate the need for a lengthy
and costly trial through the resolution of a lawsuit. Although a judge
may, at his discretion issue a summary judgment, it is typically the role
of either party to file such a motion with the court.
The party moving for summary judgment gathers all evidence in its favor,
compares it to the evidence obtained by the opposing side, and argues
that there are no "triable issues of fact." The judge will grant
the motion if it is unequivocally shown that the undisputed facts and
the law would render it impossible for the opposing party to prevail if
the case were to proceed to trial.
A motion for summary judgment can also expedite litigation by addressing
only necessary issues or claims. To illustrate, consider
a personal injury caseinvolving a
motor vehicle accident. A motorist who is rear ended while stopped at a stop sign can move for
summary judgment on the issue of liability by proving that defendant was
100 percent liable in causing the accident. If the plaintiff can show
that liability on the part of defendant is undisputed, the judge may award
summary judgment on that issue. Accordingly, there will be no need to
prove liability at trial and instead, the issue of damages will only be
addressed. This expedites the legal proceeding and reduces legal expenses.
A motion to dismiss is typically filed at the commencement of a lawsuit
and before the discovery phase. The movant asks the judge to discard one
or more claims or an entire lawsuit. A plaintiff might make a motion to
dismiss because the case has settled out of court. A defendant may move
to dismiss because of a procedural issue that prevents the court from
hearing the case.
For example, filing a suit outside the statute of limitations may result
in the judge granting the motion. A defendant may also argue that, even
if all of the facts in plaintiff's complaint are true, the case is
frivolous or the outcome is clearly evident that the case should be dismissed.
Learn about the steps involved in a personal injury action in the latest
article from our attorneys
available here. Find out about the discovery phase of a lawsuit in
our blog post here. Learn what a deposition is and how it works in a New York personal injury
our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O'Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.