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Online - Legal II
Motions
23
Law
Not Applicable
05/02/2012

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Term
motion
Definition
an application for a court ruling or order; written and orally argued; must be made with notice to the adverse party, and accompanied by a memo of Points and Authorities.
Term
Day Notice
Definition
the date set to hear oral arguments on the motion. Judge is usually the "trier" of the motion.
Term
trier
Definition
person who makes decision (usually judge)
Term
Motions Before Trial
Definition
Motion to Quash, Motion to change venue, Motion for Summary Judgment, Motion to Strike, and Motion to Produce
Term
Motions During Trial
Definition
Motion for Nonsuit, Motion for Directed Verdict, Motion in Camera, Motion in Limine, Motion to Dismiss, Mistrial
Term
Motions After Trial
Definition
Judgment Notwithstanding the Verdict(JNOV), Motion for New Trial, Motion for Mistrial
Term
compensatory damages
Definition
what was prayed for
Term
punitive damages or exemplary damages
Definition
over and above what was prayed for; meant to serve as an example or punishment
Term
probative
Definition
tending to prove
Term
Motion to Quash (limit or suppress)
Definition
a challenge to the jurisdiction of the court over the party, based upon: physical presence, and permanent residence
Term
Motion to change venue
Definition
move the trial; defense feels they cannot get an impartial jury
Term
Motion for Summary Judgment
Definition
defense asserts there is really no cause of action (insufficient grounds). May be asserted if the points were not stated in the demurrer or if the demurrer was denied. If summary judgment is granted, the lawsuit is over.
Term
Motion to Strike
Definition
may be asserted if the points weren't raised in the demurrer or if the demurrer was overruled. Goes all the way back to the pleadings. Pertains to the complaint. 1) to eliminate anything irrelevant or scandalous in the complaint 2) to remove technical defects (if granted, complaint must be amended)
Term
Motion to Produce
Definition
seeking the court's order to a party to produce medical records, photos, and a list of witnesses that he plans to call
Term
Motion for Nonsuit
Definition
made at the halfway point. (Defendant can seek if Plaintiff hasn't proved his case. Similar to summary judgment).
Term
Motion for Directed Verdict
Definition
Either party may make this motion. There must be overwhelming proof on one side. If granted, eliminates the need for jury deliberation. This is done after both sides rest.
Term
Motion in Camera
Definition
Marsden hearing (confidential). In judge's chambers, usually during recesses. Reporter's transcript of these proceedings is sealed in a separate envelope. Opened in appeal
Term
Motion in Limine
Definition
Beagle Motion. Part of a quash order. If the court denied the Motion to Quash, counsel asks for the prevention of evidence that could be damaging until its admissibility can be determined.
Term
Motion to Dismiss(charges)
Definition
overwhelming evidence that the defendant is innocent. Can file this motion at any time.
Term
Mistrial
Definition
can be after jury deliberations or after trial
Term
Judgment Notwithstanding the Verdict(JNOV)
Definition
Motion to overturn a jury's verdict(damages awarded are unrealistic)
Term
Motion for New Trial-grounds
Definition
1)Irregularity in proceedings by the court, jury, or adverse party; e.g. misconduct
2) Accident or surprise - one attorney is misled by the other as to what was stated in Points and Authorities
3) Newly discovered evidence - evidence unavailable before trial is now found
4) Error in law - jury instructions or ruling on objections
Term
Motion for Mistrial - grounds
Definition
deadlocked jury, loss of jurors, error in law
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