Lit Basics Motions Intro

Lit Basics Motions Intro - Litigation Basics Pre-Trial...

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1 Litigation Basics Pre-Trial Practice; Settlements and Guilty Pleas (Shellenberger – Week of 9/22/08) Pre-trial motions may dispose of all or some of the issues in a civil case ( e.g. , motion for summary judgment) or in a criminal case ( e.g. , motion to dismiss the indictment / information). Pre-trial motions may also be used to exclude or limit the evidence at trial ( e.g. , motions to suppress and motions in limine). These motions raise substantive and procedural issues and are often the basis for arguments on appeal. Other motions, such as discovery motions, usually do not raise appealable issues. Motions practice is an important part of civil and criminal litigation. Some more specific discussion and questions follow. In civil cases, the motion for summary judgment provides an opportunity to terminate the litigation before trial, when there are no genuine issues of material fact. (Why have a trial if there are no trial issues?) Read Fed. R. Civ. P. 56 carefully. The motion can challenge all or part of the claims or defenses, liability or damages. There is really no motion in criminal cases that is comparable to the motion for summary judgment. What is the standard for granting a motion for summary judgment?
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This note was uploaded on 10/22/2008 for the course LAW 101 taught by Professor Shellenberger during the Fall '08 term at Temple.

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Lit Basics Motions Intro - Litigation Basics Pre-Trial...

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