Pre-trial motions are requests made by attorneys to a judge before a case goes to trial. There are four general types: sufficiency of the case, legality of the proceeding, evidence, and discovery. The specific motions depend on the case type and jurisdiction. Pre-trial motions can limit issues and decide what the jury can hear, making them important. Examples include summary judgment in civil cases and probable cause in criminal cases. Discovery motions seek to establish the discoverability of evidence.
The four different general types of pre-trial motions are motions challenging the sufficiency of the case as presented, motions challenging the legality of the proceeding under the law, motions challenging or seeking to introduce evidence, and motions of discovery. The specific motions available to attorneys in a case depend on whether the case is civil or criminal and on the laws in effect in the jurisdiction where the case will be heard. There are different types of motions that are admissible by courts around the world, but most common law jurisdictions will allow at least motions that follow these four general types.
A pre-trial motion is an oral or written request by an attorney in a civil or criminal case asking the judge to rule on a matter before the case goes to a jury trial. Pre-trial motions narrow the boundaries of a case, limiting issues or defining what is permitted. A lawsuit can often be won or lost on pretrial motions because they decide the parameters of the story that the jury can hear.
Preliminary requests that challenge the sufficiency of the case as presented ask the judge to rule on the case based strictly on the pleadings, or on what the plaintiff or the prosecution has indicated as the facts of the case. In civil matters, a motion for summary judgment asks the court to find that there are no material facts in dispute and no grounds for action, assuming that everything the plaintiff claimed in his complaint was true. The dismissal request in a criminal case asks the judge to find that the admissible facts presented by the prosecution do not constitute an imputable crime.
Instances questioning the legitimacy of proceedings under the law are particularly relevant in criminal proceedings. In the United States, for example, a suspected criminal has certain constitutional rights upon arrest. The police have to follow a special procedure to stop suspects, detain them and search their belongings. If there is a wrongdoing, a defense attorney will file pre-trial motions challenging probable cause or how a confession was obtained.
Probate motions seek to limit or admit evidence. In civil matters, the defense could try to strike a witness because he is not legally competent, or he will try to rule in advance on the admissibility of the evidence through a limine instance. The defense in a criminal case might seek to limit certain testimony or the fact that the defendant has committed prior wrongful acts through a motion to suppress evidence.
Discovery moves can also be made before trial. These types of investigative motions can be relevant in a criminal or civil context. Discovery motions typically seek to establish the discoverability of evidence or compel the other party to produce documents or evidence that should have been produced as a matter of course.
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