Before a case proceeds to trial, in most cases, each party will bring a series of motions to both dispose of the case prior to trial or to set the rules for trial. For instance, many times, the defendant will bring a motion for summary judgment, alleging that, after discovery, there are no more issues of fact to be determined by the jury, and based on the facts of the case, there is no way the plaintiff could prove his case at trial, and so the case should be dismissed by the court. Courts are generally reluctant to take a case out of the hands of the jury so these motions are rarely granted. The parties may also bring pre-trial motions to set the "rules" for the trial. For instance, a motion in limine, may be brought by one of the parties asking the court to exclude certain evidence from being introduced at trial on the basis that it might unfairly prejudice the jury's decision without having substantial value to deciding the case. Motion practice can drag on for a few months but is absolutely necessary to the judicial process. Your attorney's experience will shine during this process.
Michael E. Seelie, PA has represented people in Jacksonville, Florida and the surrounding communities of Orange Park, St. Augustine, Green Cove Springs, Callahan, Palatka, Fernandina Beach, Gainesville, and Lake City in accident cases since 1978.