The Legal System
Sources of the Law
The Court System
Selecting a Lawyer
Alternatives to Trial
Civil Cases
Filing a Lawsuit
Statute of Limitations
Pleadings
Answers
Counterclaims
Service of Process
Discovery and Discovery Methods
Pretrial Motions
Settlements
Trials
Collecting Judgments
Causes of Action
Pretrial Motions
To speed a trial along, judges make rulings on certain issues prior to the beginning of the trial by hearing pretrial motions. The defending party typically files a motion to dismiss, arguing that the plaintiff has no legal cause of action. The court sets a hearing and decides whether the grant the motion. If the motion to dismiss is granted, the case is dismissed and the time and expense of a trial is avoided.
In other instances, where neither party can dispute the facts, one party may file a motion for summary judgment. Because the facts are not at issue, the judge can apply the law without the necessity of a trial and enter a judgment.