Other reasons motions to dismiss are granted include the complaint being filed in the wrong court or the negligent party not being properly served with the complaint. If the statute of limitations to sue has expired, this may be another reason that this motion would be granted. For example, if there is no legal basis for your claim, the opposing party may ask that your complaint be dismissed.
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A motion to dismiss asks the judge to dismiss your lawsuit against the negligent party and is often based on legal deficiencies. Common motions that may be filed in your civil lawsuit include: Dispositive motions are ones that can resolve a case while non-dispositive motions resolve specific issues or problems in the case. There are two types of pre-trial motions in civil cases: dispositive and non-dispositive motions. Pre-Trial Motions That May Be Filed in Your Personal Injury CaseĪ pre-trial motion is a legal document filed in your civil lawsuit that asks the judge to make a certain decision in your case for a specific legal reason.
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Pre-trial motions can play an important role in the resolution of your case. If you were hurt in a car, slip and fall, or other personal injury accident, you may have to file a lawsuit as part of your fight to obtain the compensation that you deserve. Even an experienced personal injury attorney cannot always settle personal injury claims without the need for litigation-at least for what the victim is entitled to.