Motions and Objections

In the course of litigating a case, there may be minor issues that arise that need to be resolved to continue the case. These minor issues are split into two separate categories: Motions and Objections. Motions are a formal request made by any party for a desired ruling order; or judgment. Though motions can entirely resolve cases, such as a motion for Default or Summary Judgment, they are also typically more limited in their resolution vs a formal verdict.

Please see the following motion format:
Motions:

1. Motion to Dismiss: A request to dismiss the case.
2. Motion for Default Judgment: A motion to the court by the plaintiff requesting for a judgment on the merits of the case without an answer. Can only be filed once the time given to the defendant to respond has ended.
3. Motion to Vacate Default Judgment: A request to the court filed with an answer requesting the Default Judgment be vacated and that the trial continue. Must be filed within 14 days after a court has granted Default Judgment.
4. Motion for Summary Judgment: A request for judgment in favor of the moving party without a trial, based on the assertion that there are no genuine issues of material fact in dispute and that the moving party is entitled to judgment as a matter of law.
5. Motion of Substitution of Counsel: Motion informing the court that a party has hired a new attorney to take on a case.
6. Motion for Sanctions: A request for the court to impose sanctions or penalties against the opposing party or their attorney for misconduct or violation of court rules or orders.
7. Motion for Reconsideration: A request for the court to reconsider a previous ruling or order.
8. Motion to Suppress Evidence: A request to exclude certain evidence from being admitted at trial.
9. Motion for Recusal: A request for a judge to recuse themselves from the case due to actual or perceived bias, conflict of interest, or other disqualifying factors.
10. Motion to Strike: A request to remove certain facts, claims, or defenses from the complaint or answer of the case.
11. Motion for Expedited Hearing: A request for the court to schedule a hearing or trial on an expedited basis. Made by the plaintiff (or prosecution) with the complaint and agreed upon by the defendant in an answer. The Court will allow for opening arguments followed immediately by a verdict afterwards.
12. Motion for Bifurcation of Trial: A request for the court to divide the trial into separate cases or proceedings.

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Objections are a formal protest raised by a party or counsel during a legal proceeding asserting that an error, contrary to the rules of evidence or other procedural law, has been or will be made.



Please see the following objection format:
Objections:

1. Hearsay: A statement, other than one made by the declarant (the person who originally said the statement) while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
2. Relevance: The testimony pursuant to a question asked or the particular item of evidence is not relevant to the case.
3. Speculation: Questions that call for the witness to speculate about something.
4. Leading Question: The question posed by the opposing party seeks to lead the witness to make an assertion.
5. Repetitive: The question has already been asked and answered.
6. Compound question: When two or more questions are combined as one question.
7. Argumentative: This is a question that is essentially an argument to the judge. The question elicits no new information. It states a conclusion and asks the witness to agree.
8. Conclusory: A conclusion is a deduction drawn from a fact or series of facts. Witnesses should testify only to facts.
9. Improper Opinion: Statements made by any person or entity who would have no reason to know those statements unless seen first-hand.
10. Assumes Facts not in Evidence: asks the witness to accept the questioner’s summary, inference, or conclusion of the question vs asking a question about a fact in the case.
11. Unresponsive Answer: Asked by the questioner when a witness does not answer a properly asked question.
12. Privileged Communication (Very Rare): Communications made in confidence between parties having certain relationships are barred from disclosure upon objection.