By Farhan Naqvi, Personal Injury Lawyer in Las Vegas
So you’ve made the decision to file a personal injury lawsuit in Clark County. You have compiled and submitted all of the necessary documentation to the other side and have even allowed the defense attorney to depose you. Now it’s time to take your case to trial.
But wait – the defense is asking the judge to deny your wish to trying the case in a courtroom! Can they do that?
This part of the legal process is called the pretrial motion phase of the case. During this phase, attorneys from both sides meet in front of a judge to submit requests – which are called motions – and have these requests ruled on. Some of the pretrial motions which the defense may file include:
- A motion to dismiss. The defense may claim that your suit, for whatever reason, does not meet the legal standard for a personal injury lawsuit.
- A motion for summary judgment. The defense may assert that the legal facts of the case are not in doubt; and that as a result, the case should instead be ruled upon by the judge and not be heard by a jury.
- A motion for default judgment. The defense may maintain that you have not responded to an action, provided the proper documentation, or answered the appropriate questions during the discovery phase of the case.
- Nondispositive motions. In the above scenarios, the plaintiff will usually ask that the judge throw the case out. These are called dispositive motions, which have the potential to end the litigation if the judge grants them. But there are also numerous pretrial motions which are nondispositive. These mostly pertain to the specifics of a given case, such as which evidence will be allowed or which witnesses will be permitted to testify. Nondispositive motions will not stop the litigation process if they are granted.
If you have any questions about pretrial motions that affect your case, your personal injury attorney will be able to answer them for you.
About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.