You might have filed a case for personal injury or might be thinking of doing so. A pretrial motion is a request you make to the judge to intervene in your case even before the trial begins. It is crucial for your case as it can make or break your issue if you are injured in Vermont. In this blog, you will read about the types of motions in a personal injury case.
What is a motion?
A motion is an application that the defendant or the plaintiff puts forward to request the jury decide on specific issues before the trial begins. At the end of the motion, the judge can frame rules that both parties will abide by when gathering evidence and during the trial. The pretrial motion can explore some questions that may even lead to case settlement there itself. So you must have got an idea about the pretrial motion. Now let's read about its types.
Types of pretrial motions
Motion for Summary Disposition
It is a motion in which the party that files the case requests the judge to decide immediately in favor of them without further exploring the issue.
Motion for Alternative Service
If the other party is trying to hide so that you can't serve the notice, you can use an alternative service. In such a case, the court might advise you to publish the information in a newspaper, post it in the court or even use social media. In these methods, you require methods before opting for them.
Motion for Default Judgment
When the defendant does not send a formal reply to your complaint, you can bring it to the court's notice, and the judges will decide in your favor due to the lack of participation of the other party.
Motion Regarding Discovery
Before the trial, you will search for pieces of evidence, and this phase is known as discovery. During this phase, there might be some evidence under the other party's control, and then there is a disagreement between the parties regarding the evidence collection method. In such cases, the judge intervenes on your request and forms rules for evidence collection.
Motion to Dismiss
In this type of motion, the other party might request dismissal of the case based on several grounds. In such cases, you can file the claim again, but the decision is final in other methods.
Motion to Limit Evidence
It is a motion in which you request the court to include or exclude some evidence during the trial. It allows you to gather evidence that is allowed in the court.
Pretrial motions are an excellent opportunity to make the case in your favor, strategize better and even settle the claim. So be proactive with your lawyer during the process.