Examples of Motions and Responses

Below is a list of sample motions, responses to motions, and a few court orders. Sometimes, you have to reinvent the wheel when drafting legal documents but sometimes you do not. These examples can be use in whole or in part or may just give you ideas as to what might work for your pleading.

Bookmark this page for future reference and, please, if this was of real help to you, do us a favor and link to it on your social media outlet of choice.

Pre-Discovery Motions

  • Consolidate Cases: This is a motion to merge two related causes of action [Select here]
  • Service by Alternative Method: Sometimes, you just can't track down the defendant. sample legal motionsMaryland allows for alternative service if certain hoops have been jumped. [Select here]
  • Defendant's Motion to Transfer Venue [Select here]
    • Our response: This is our latest effort at fine tuning our forum non conveniens arguments. We won this motion and got a $5.5 million verdict
    • Court's order
  • Opposition to Motion to Dismiss for Improper Venue: This was a venue battle over the more specific factual issue of whether defendant was doing business in the jurisdiction in which we brought the claim. He claimed he did not. Our private investigator found that he did. [Select here]

Discovery Motions

  • Compel Discovery Responses: Standard filing to get other party to answer discovery. Normally, the response is just providing the answers. [Select here]
  • Response to Motion to Compel a Defense Medical Exam: We generally do not oppose the exam itself. The battle is usually over the conditions of the exam or the expert's failure to provide financial information [Select here]
    • Another Response to Motion to Compel Physical Examination [Select here]
    • Defendant's Motion to Compel a Physical Exam (citing IME "handbook") [Select here]
  • Compel Deposition: Defense counsel with increased frequency instructs the defendant not to answer questions, usually because they don't like the. This motion requests a second deposition at defendant's expense. [Select here]
  • Plaintiff's Response to Motion to Compel Medical Records Authorization: Many defendants want to go around HIPAA and get the records from the medical providers. They can do this with a subpoena, not a blanket HIPAA authorization.. [Select here]
  • Opposition to Motion to Compel Vocational Rehabilitation Expert Interview: Defense counsel wanted to give the voc rehab expert a chance to essentially depose the plaintiff again. [Select here]
  • Expedited Discovery: With a pending statute of limitations looming, you want to make sure you have all of the appropriate parties in the case. This speeds the process along if defense counsel is dragging their feet.[Select here]

Expert Motions

Motions for Summary Judgment/Motions to Dismiss

Motions in Limine

  • Exclude Testimony Regarding the Property Damage on the Vehicles. Should pictures of the car be admitted because of the correlation with the scope of the injuries? We have argued both sides of this issue. We have never had a case where the pictures were not admitted but it is the trial judge's call, at least in Maryland. [Select here]
  • Estimation of Speed of Plaintiff's Car: Law in most states is pretty clear that fact witness cannot estimate speed of vehicles [Select here]
  • Stop Doctor From From Testifying as an Expert: Defense counsel often tries to name doctor defendant as a fact witness but then elicits expert testimony at trial [Select here]
  • Subsequent Remedial Measures: Defendant sought refuge for remedial action that a third party took [Select here]
  • Exclude Evidence of the Type of Motorcycle Plaintiff Was Riding: "Everyone knows" that if you are on a crotch rocket you are driving like a maniac. How to keep out this prejudical evidence [Select here]
  • Fact Witnesses [Select here]
  • Exclude Lies and Other Bad Acts Related to the Use of Prescription Drugs as a Result of a Truck Accident [Select here]
  • Exclude "Plaintiff Was a Druggie" Evidence [Select here]
  • Exclude Evidence Relating to Plaintiff's Arrest [Select here]
  • Exclude Mental Health Records [Select here]
  • Exclude Test Results [Select here] triamotions
  • Exclude Opinion Testimony [Select here]
  • Exclude Informed Consent Form in Malpractice Case [Select here]
  • Exclude Evidence Concerning the Activities of Plaintiff After the Relevant Events in the Case [Select here]
  • Other Parties Sued [Select here]
  • Prevent Defendant from Proffering Inconsistent Evidence at Trial [Select here]
  • Exclude Evidence of "Unknown" Witness [Select here]
  • Exclude Contents of Decedent's Will in a Wrongful Death/Survival Action Car Accident Case [Select here]
  • Cumulative Experts [Select here]
  • Exclude Evidence Regarding the Estate's Beneficiaries [Select here]
  • Ad Damnum Clause: This is the type of nonsensial distortion of ad damnum clauses that make Maryland outlaw them in 2013. [Select here]
  • Response to Motion to Exclude/Limit Expert's Opinion: Our reply to a pretty weak defense effort to strike our expert's orthopedic doctor's testimony. [Select here]
  • Exclude Prior Lawsuits Against Doctor: Defense counsel's effort in health care negligence case to exclude prior lawsuits and verdicts against the doctor. Defendants win this motion absent something compelling. [Select here]
  • Exclude Prior Safe Use of the Product: In lawsuit against Disney, we wanted to exclude evidence that the product had been used safely before. [Select here]

Post Trial Motions

  • Response to Motion for New Trial/Remittitur (premises liability)
    • Defendant's Motion for Remittitur [Select here]
    • Plaintiff's Response to Motion for New Trial/Remittitur, (premises liability) This was a $377,000 verdict on $6,000 in medical bills. We fought to keep the verdict. The judge did reduce the judgment to $250,000 [Select here]
    • Defendant's Response to Plaintiff's Response to Defendant's Motion for Remittitur [Select here]
  • Plaintiff's Opposition to Motion for J.N.O.V. or Motion for a New Trial [Select here]
      • Defendant's Motion for J.N.O.V. or In the Alternative, Motion for a New Trial. This was based on allegation of juror misconduct. The motion failed. [Select here]
      • Plaintiff's Reply to Defendants Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
      • Defendant's Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
    • Response to Motion for a New Trial [Select here]
    • Opposition to Motion for New Trial [Select here]
    • Response to Defendant's Motion to Revise Judgment [Select here]
    • Judgment Notwithstanding the Verdict [Select here]
    • JNOV (supplemental motion) [Select here]
    • Defendant's Motion for Remittitur [Select here]
    • Defendant's Response to Motion for Remittitur [Select here]
  • Plaintiff's Opposition to Motion for J.N.O.V. or Motion for a New Trial [Select here]
    • Defendant's Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
    • Plaintiff's Reply to Defendants Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
    • Defendant's Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
Related Links
  • Review Sample Discovery (interrogatories, depositions, trial transcripts, and much more)
  • Get Help! (forms, pleadings, examples)
  • Information for Lawyers Seeking To Refer Miller & Zois a Personal Injury Case (information for referring lawyers)