Motions That Can Win Your Client's Case Before Trial
- Ashley M. Cornwell, Esq.
- Mar 28
- 4 min read
Winning a case before trial can save clients significant time, expense, and stress. Legal professionals know that certain pretrial motions can effectively end a case or narrow the issues, sometimes making a trial unnecessary. Understanding how to use motions to dismiss, motions for summary judgment, and motions for judgment on the pleadings can give attorneys a powerful advantage.
Why Does Motion Practice Matter?
Litigation is not just about presenting evidence at trial. It is about positioning a case early, narrowing issues, and, in some instances, eliminating claims altogether.
Strategic motion practice can:
Dispose of weak claims
Limit the scope of litigation
Force settlement discussions
Clarify legal issues before trial
When used effectively, motions are not just procedural—they are case-defining tools.
Motion to Dismiss
A motion to dismiss is often the first opportunity to challenge a case. It argues that, even if all alleged facts are true, the complaint fails to state a legally valid claim.
These motions are typically based on:
Lack of legal sufficiency
Jurisdictional defects
Failure to meet pleading standards
A motion to dismiss challenges the legal sufficiency of a complaint or claim. It asks the court to throw out the case before any discovery or trial because the complaint fails to state a claim upon which relief can be granted. This motion focuses on the pleadings alone, without considering evidence.
For example, if a complaint alleges facts that do not amount to a legal violation, a motion to dismiss can end the case early. Common grounds include lack of jurisdiction, failure to state a claim, or improper venue.
Using a motion to dismiss effectively requires careful analysis of the complaint and applicable law. If the complaint is vague or legally insufficient, this motion can save your client from costly litigation.
Strategic Insight
A well-crafted motion to dismiss does more than attack the complaint—it signals weaknesses to the opposing party and can create early leverage for resolution.
Motion for Summary Judgment
A motion for summary judgment is a critical tool for ending cases before trial when there are no genuine disputes of material fact. This motion asks the court to decide the case based on the evidence presented in affidavits, depositions, and documents, showing that one party is entitled to judgment as a matter of law.
Unlike a motion to dismiss, summary judgment considers evidence beyond the pleadings. For example, if the facts are clear and undisputed, and the law supports your client’s position, a motion for summary judgment can dispose of the case or specific claims.
To succeed, you must demonstrate that no reasonable jury could find for the opposing party. This requires thorough preparation and strong evidence.
These motions rely heavily on:
Evidence gathered during discovery
Depositions and sworn testimony
Documents and records
When granted, summary judgment eliminates the need for trial entirely.
Strategic Insight
Summary judgment is often won or lost during discovery. The attorneys who approach discovery with this motion in mind are better positioned to succeed.
Motion to Strike: Narrowing the Playing Field
A motion to strike is used to remove improper or insufficient claims, defenses, or allegations from pleadings.
This may include:
Redundant or immaterial allegations
Legally insufficient defenses
Improper requests for damages
While it may not end a case outright, a motion to strike can significantly streamline litigation and remove distractions.
Strategic Insight
These motions are often underutilized. When used strategically, they can simplify the case and strengthen your position before more substantive motions are filed.
Motion in Limine: Controlling the Narrative Before Trial
Although typically filed closer to trial, motions in limine can have a major impact on how a case is presented.
They seek to exclude certain evidence from being introduced, often because it is:
Prejudicial
Irrelevant
Improper under the rules of evidence
By shaping what the jury can and cannot hear, these motions can influence the overall narrative of the case.
Strategic Insight
Winning key evidentiary rulings before trial can change settlement dynamics and trial strategy significantly.
Tips for Using Pretrial Motions Successfully
Review pleadings carefully to identify weaknesses in the opposing party’s claims.
Gather strong evidence early to support motions for summary judgment.
Focus on clear legal arguments that show why the case should not proceed.
File motions promptly to avoid waiving rights or delaying resolution.
Anticipate opposing arguments and prepare responses to strengthen your motion.
Use motions to narrow issues even if you cannot end the entire case.
Communicate with clients about the benefits and risks of filing these motions.
Stay updated on local rules and case law to ensure procedural compliance.
Practical Example
Consider a breach of contract case where the plaintiff claims damages but fails to allege a valid contract. A motion to dismiss can argue that the complaint lacks a necessary element. If the defendant produces undisputed evidence showing no contract existed, a motion for summary judgment explained can end the case. If the plaintiff’s pleadings admit facts that negate the claim, a motion for judgment on the pleadings may also be appropriate.
Common Mistakes in Motion Practice
Even strong cases can be undermined by ineffective motion practice. Common issues include filing motions too early without sufficient factual support, relying on boilerplate arguments, or failing to connect legal standards to the specific facts of the case.
Another frequent mistake is treating motions as routine filings rather than strategic opportunities. Each motion should serve a clear purpose within the broader litigation plan.
How Motion Strategy Impacts Case Outcomes
Effective litigators think about motion practice from the very beginning of a case. Decisions made during pleadings and discovery often determine whether a motion will succeed later.
Strong motion strategy can:
Position a case for early dismissal
Create leverage for settlement
Narrow the issues for trial
Strengthen credibility with the court
In many cases, the outcome is influenced more by pre-trial motions than by what happens in the courtroom.
Final Thoughts
Motions are more than procedural steps—they are opportunities to shape, narrow, or even end a case before trial.
Understanding which motions to file and how to use them strategically can make the difference between a prolonged dispute and an early resolution.
For both attorneys and clients, recognizing the power of motion practice is essential to navigating litigation effectively.
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