At Joseph, Hollander & Craft, we know that courtroom success often starts long before opening arguments. In fact, much of the hard work is done beforehand, through a series of motions (and related hearings) designed to address some of the most critical aspects of your case before a trial date is even set. Civil, family, and criminal courts allow for these pretrial motions, which can shape future proceedings and therefore the trajectory of litigation. They are a critical part of the strategy, helping us protect our clients’ rights, control what evidence reaches the jury, and, in some cases, end the case altogether.
What Are Pretrial Motions?
A motion is a document that a party files asking the judge to make a ruling or issue an order, like requiring another party to take, or refrain from taking, certain actions. A pretrial motion, more specifically, is one that is filed before the trial commences. These motions must be submitted in a timely manner to preserve a party’s rights. They must also be drafted in accordance with applicable statutes and court rules.
Types of Pretrial Motions Than Can Shape Your Case
Pretrial motions serve various purposes which can shape your case and affect its ultimate outcome. Some examples of pretrial motions include:
- Motion to Dismiss: A motion to dismiss essentially asks a court to throw out a case based on different factors such as lack of sufficient legal grounds, lack of jurisdiction, expiration of the statute or limitations, and more. A court can dismiss civil claims as well as criminal charges.
- Motion to Suppress Evidence: In criminal cases and asset forfeiture litigation, evidence seized in violation of a litigant’s constitutional rights or in violation of certain state statutes may be suppressed (excluded from evidence). If you have a viable argument that evidence was obtained in violation of your rights, your Overland Park criminal defense attorney will move to suppress that evidence. A favorable ruling can so change the scope of the case as to require dismissal of criminal charges or return of property.
- Motion in Limine: While a motion to suppress is typically based on constitutional objections, a motion in limine – which also asks a court to limit or exclude certain evidence – is based on evidentiary concerns. Effective use of limine motions can shape the trial. Your attorney should have extensive knowledge of the rules of evidence to use limine motions to your advantage.
- Motion to Compel or for Discovery Sanctions: A motion to compel, most commonly used in family law and other civil cases, is used to force a party to provide responses to the opposing party’s discovery requests. A related motion is one for discovery sanctions. This is often filed when a party has abused the discovery process in some way, forcing the other party to incur legal expenses for which the motion seeks compensation.
- Motion for Summary Judgment: When parties to a civil case generally agree on the basic underlying facts in the case, they can ask a judge to make a legal ruling based on the undisputed facts. A summary judgment motion can resolve an entire case or critical aspects of certain claims.
- Motions for Temporary Orders: A party to a family law case may file a motion asking the judge to issue a temporary order. For instance, a parent can ask for an order awarding them temporary custody in the event there are safety concerns with how the other parent is caring for the child.
How Pretrial Motions Influence Strategy and Negotiation
Pretrial motions can affect criminal defense strategies and negotiations in various ways. For instance, the defendant may file a motion to dismiss that is strong enough to give the prosecution concern the case may be terminated altogether. This could force the prosecution to the bargaining table to negotiate a plea deal with the defendant. The same is true if a motion to suppress evidence succeeds. The prosecution may be left without evidence of a more serious crime and therefore be willing to enter into a plea bargain for a less serious charge.
Pretrial motions can also have important consequences for family law cases. Your Overland Park family law attorney may file a motion to compel that results in important evidence being turned over. This, in turn, could affect your trial strategy moving forward. A party who is compelled to produce evidence that jeopardizes its arguments may be more willing to mediate a settlement agreement on more favorable terms to the other party.
Our Attorneys in Overland Park Are Prepared for Anything
Put simply, whether you are a criminal defendant, a civil litigant, or a party to a family law case, you want to position yourself in the most advantageous way possible before a trial begins (or, where possible, win your case before trial). For that reason, you need a lawyer who understands how to effectively draft and use pretrial motions.
At Joseph, Hollander & Craft, we are ready to leverage our litigation experience on your behalf to use pretrial motions to your advantage. We represent clients in an array of matters, from divorce and child custody disputes to federal criminal defense and professional licensure defense. Find out why so many clients turn to our comprehensive legal services to help when they need it the most.
Would you like to develop the strongest possible legal strategy to seek the best possible results? Connect today with Joseph, Hollander & Craft. Our firm maintains offices in Overland Park, Topeka, Lawrence, Wichita, and Kansas City, MO for your convenience.
