Motions and Pre-Trial Procedures

Between the close of discovery and trial, the parties engage in various pre-trial procedures that shape what issues will be decided and how the trial will be conducted.

Motion to Dismiss

A motion to dismiss (Federal Rule 12(b)) challenges the complaint on procedural or legal grounds:

12(b)(1) — lack of subject-matter jurisdiction

12(b)(2) — lack of personal jurisdiction

12(b)(3) — improper venue

12(b)(6) — failure to state a claim upon which relief can be granted (the most common)

A 12(b)(6) motion tests whether the complaint's allegations, taken as true, state a plausible claim for relief.

Motion for Summary Judgment

A motion for summary judgment (Rule 56) argues that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. This motion can dispose of all or part of the case without trial.

The court views the evidence in the light most favorable to the non-moving party. If reasonable minds could differ on a material fact, summary judgment is denied.

Pre-Trial Conference

The judge holds a pre-trial conference (Rule 16) to:

Identify and narrow the issues for trial

Discuss settlement possibilities

Set a trial date and schedule

Address evidentiary issues (motions in limine)

Issue a pre-trial order that controls the course of trial

Motions in Limine

Motions in limine are filed before trial to exclude or admit specific evidence. Common subjects include:

Excluding prior bad acts or criminal history

Excluding expert testimony that does not meet the Daubert standard (reliability and relevance)

Limiting reference to insurance coverage

Excluding hearsay evidence

Class Action Certification

In cases involving many similarly situated plaintiffs, the court may certify a class action (Rule 23). To certify a class, the plaintiffs must satisfy:

Numerosity — the class is so large that individual joinder is impracticable

Commonality — there are common questions of law or fact

Typicality — the named plaintiffs' claims are typical of the class

Adequacy — the named plaintiffs and class counsel will adequately represent the class

Settlement

The vast majority of civil cases (over 95%) settle before trial. Settlement is encouraged through:

Court-ordered mediation or settlement conferences

The economics of litigation (trial is expensive and uncertain)

Structured settlements — payments over time, often used in personal injury cases

Motions and Pre-Trial Procedures