Chapter 9 Motion Practice

1. Chapter 9Motion Practice Procedural Requests to the Court

2. Filing Motions • Points and Authorities/Trial Briefs • Supports motion (legal argument) • Points: Legal arguments • Authorities: Legal basis (cases/statutes) • Subjective/Persuasive • Argue client’s position

3. Sample Motions • Motion to Dismiss • Request to end litigation without going to trial • Dismissal w/o prejudice: case may be brought again • Dismissal w/ prejudice: ends case • Motion for Change of Venue • Request to move trial to another location • Due to publicity, etc. • Motion in Limine • Request to exclude certain evidence or limit issues • Motion to Suppress • Request to exclude specified evidence • Motion to Compel • Request for court to order a party/person to do something • E.g., Motion to Compel Discovery

4. Motion to Continue • Request to continue trial or hearing • Motion to Extend/Motion for Enlargement • Request for additional time to respond • Motion for Summary Judgment • Pretrial Motion • Request for court to issue judgment without trial because no material facts are in issue • Motion for Directed Verdict • Trial Motion • Request made after one party has presented case • Argues no prima facie case established • Motion for Judgment NOV • Post-Trial Motion • Request to set aside jury’s verdict (no legal basis) • Motion for New Trial • Post-Trial • Requests new trial because of procedural error

5. Justice Court Hinton County, State of Confusion John Johnson, ) Plaintiff, ) Case No.: 03-38920 ) v. ) Hearing Date: 1/04/04 ) Hearing Time: 2:30 p.m. Joy Smith, ) Defendant. ) ____________________________ Motion for Summary Judgment COMES NOW, Defendant, by and through her attorney of record, Jane Soderly, Esq. of the Law Offices of Daily and Myers, hereby files her Motion for Summary Judgment. This Motion is made and based upon the Points and Authorities attached herein, the papers, and any oral argument which may be entertained at the time of the hearing on this matter. Dated this ____ day of ____, 2004. By:________________________ Jane Soderly, Esq. Attorney for Defendant Address Phone Number Note: Certificate of Mailing Attached

6. Motions must generally be noticed All parties are given notice of a hearing Arguments made on motions Justice Court Hinton County, State of Confusion John Johnson, ) Plaintiff, ) Case No.: 03-38920 ) v. ) Hearing Date: 1/04/04 ) Haring Time: 2:30 p.m. Joy Smith, ) Defendant. ) ------------------------------------------------ Notice of Motion Hearing TO: JOHN JOHNSON, Plaintiff, and TO: BORLAND AND BORLAND, his counsel YOU AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned will bring the foregoing Motion for Summary Judgment on for hearing before the above-entitled Court in Dept. 2, on the 4th day of January, 2004, at the hour of 2:30 p.m., or soon thereafter as counsel can be heard. Dated this ____ day of ____, 2004. By:________________________ Jane Soderly, Esq. Attorney for Defendant Address Phone Number Note: Certificate of Mailing Attached Notice of Hearing

7. Table of Authorities • Index of Authority • Cite cases, statutes, constitution, etc. relied on in brief • Indexed by: • 1. Group (constitution, statutes, cases, etc.) OR • 2. Order of Appearance

8. Table of Authorities Constitutions U.S. Const. Art. I, §7…………………………………… 2 Nev. Const. Art. X, §2…………………………………. 2 Statutes N.C.G.S. §200.160…………………………………….. 3 29 U.S.C. §253…………………………………………. 3, 4 Cases Ashby v. Gant, 691 F. Supp. 214 (D.Nev. 1992)….. 1, 2 Chart v. Jones, 97 F.3d 1163 10th Cir. 1996)……… 2, 4 Davis v. Bauer, 746 F. Supp. 523 (D.Nev. 1994)….. 5 Court Rules N.R.C.P. 56 (a)(1)………………………..................... 5 Administrative Regulations 31 C.F.R. §114.80(a)(1977)…………........................ 2 Secondary Authority 4 Am. Jur. 2d, Attorneys §112 (1979)….................... 3 67 C.J.S., Real Property §42 (1983)………............... 5