1. Chapter 9 Motion Practice Procedural Requests to the Court

2. §9.1 What are Motions? Points and Authorities/Trial Briefs Points and Authorities/Trial Briefs Supports motion (legal argument) Supports motion (legal argument) Points: Legal arguments Points: Legal arguments Authorities:Legal basis (cases/statutes) Authorities:Legal basis (cases/statutes) Subjective/Persuasive Subjective/Persuasive Argue client’s position Argue client’s position

3. Examples of Motions Motion to Dismiss Motion to Dismiss Request to end litigation without going to trial Request to end litigation without going to trial Dismissal w/o prejudice: case may be brought again Dismissal w/o prejudice: case may be brought again Dismissal w/ prejudice: ends case Dismissal w/ prejudice: ends case Motion for Change of Venue Motion for Change of Venue Request to move trial to another location Request to move trial to another location Due to publicity, etc. Due to publicity, etc. Motion in Limine Motion in Limine Request to exclude certain evidence or limit issues Request to exclude certain evidence or limit issues Motion to Suppress Motion to Suppress Request to exclude specified evidence Request to exclude specified evidence Motion to Compel Motion to Compel Request for court to order a party/person to do something Request for court to order a party/person to do something E.g., Motion to Compel Discovery E.g., Motion to Compel Discovery

4. Motion to Continue Motion to Continue Request to continue trial or hearing Request to continue trial or hearing Motion to Extend/Motion for Enlargement Motion to Extend/Motion for Enlargement Request for additional time to respond Request for additional time to respond Motion for Summary Judgment Motion for Summary Judgment Pretrial Motion Pretrial Motion Request for court to issue judgment without trial because no material facts are in issue Request for court to issue judgment without trial because no material facts are in issue Motion for Directed Verdict Motion for Directed Verdict Trial Motion Trial Motion Request made after one party has presented case Request made after one party has presented case Argues no prima facie case established Argues no prima facie case established Motion for Judgment NOV Motion for Judgment NOV Post-Trial Motion Post-Trial Motion Request to set aside jury’s verdict (no legal basis) Request to set aside jury’s verdict (no legal basis) Motion for New Trial Motion for New Trial Post-Trial Post-Trial Requests new trial because of procedural error Requests new trial because of procedural error

5. Justice Court Hinton County, State of Confusion John Johnson,) Plaintiff,) Case No.: 03-38920 ) v.) Hearing Date: 1/04/04 ) Hearing Time: 2:30 p.m. Joy Smith,) Defendant.) ____________________________ Motion for Summary Judgment COMES NOW, Defendant, by and through her attorney of record, Jane Soderly, Esq. of the Law Offices of Daily and Myers, hereby files her Motion for Summary Judgment. This Motion is made and based upon the Points and Authorities attached herein, the papers, and any oral argument which may be entertained at the time of the hearing on this matter. Dated this ____ day of ____, 2004. By:________________________ Jane Soderly, Esq. Attorney for Defendant Address Phone Number Note: Certificate of Mailing Attached

6. §9.2 Notice of Hearing Motions must generally be noticed Motions must generally be noticed All parties are given notice of a hearing All parties are given notice of a hearing Arguments made on motions Arguments made on motions Justice Court Hinton County, State of Confusion John Johnson,) Plaintiff,) Case No.: 03-38920 ) v.) Hearing Date: 1/04/04 ) Haring Time: 2:30 p.m. Joy Smith,) Defendant.) ------------------------------------------------ Notice of Motion Hearing TO: JOHN JOHNSON, Plaintiff, and TO:BORLAND AND BORLAND, his counsel YOU AND EACH OF yOU, WILL PLEASE TAKE NOTICE that the undersigned will bring the foregoing Motion for Summary Judgment on for hearing before the above-entitled Court in Dept. 2, on the 4 th day of January, 2004, at the hour of 2:30 p.m., or soon thereafter as counsel can be heard. Dated this ____ day of ____, 2004. By:________________________ Jane Soderly, Esq. Attorney for Defendant Address Phone Number Note: Certificate of Mailing Attached

7. §9.3 Briefs (Memoranda) A Trial Brief (also called a Trial Memorandum) is a written document that argues points of law in support of the motion A Trial Brief (also called a Trial Memorandum) is a written document that argues points of law in support of the motion A Trial Memorandum, unlike an Interoffice Memorandum, is subjective, trying to be convincing in favor of the client A Trial Memorandum, unlike an Interoffice Memorandum, is subjective, trying to be convincing in favor of the client

8. Table of Authorities Index of Authority Index of Authority Cite cases, statutes, constitution, etc. relied on in brief Cite cases, statutes, constitution, etc. relied on in brief Indexed by: Indexed by: 1. Group (constitution, statutes, cases, etc.) OR 1. Group (constitution, statutes, cases, etc.) OR 2. Order of Appearance 2. Order of Appearance

9. Table of Authorities Constitutions U.S. Const. Art. I, §7……………………………………2 Nev. Const. Art. X, §2………………………………….2 Statutes N.C.G.S. §200.160……………………………………..3 29 U.S.C. §253………………………………………….3, 4 Cases Ashby v. Gant, 691 F. Supp. 214 (D.Nev. 1992)…..1, 2 Chart v. Jones, 97 F.3d 1163 10 th Cir. 1996)………2, 4 Davis v. Bauer, 746 F. Supp. 523 (D.Nev. 1994)…..5 Court Rules N.R.C.P. 56 (a)(1)……………………….....................5 Administrative Regulations 31 C.F.R. §114.80(a)(1977)…………........................2 Secondary Authority 4 Am. Jur. 2d, Attorneys §112 (1979)…....................3 67 C.J.S., Real Property §42 (1983)………...............5