Swain County, NC asked in Civil Rights for North Carolina

Q: How do you request a pretrial motion?

Related Topics:
1 Lawyer Answer

A: You do not request a pre-trial motion. You file it. What kind of pre-trial motion would this be? The common ones are motion for default judgment (if no answer is filed), motion for judgment on the pleadings (if an answer is filed but there is no need for discovery) or a motion for summary judgment (if the discovery shows there is no disputed issue of material fact). Other than there could be a motion in limine (sometimes this comes up at trial but I suppose it could arise pre-trial) or maybe some other kind of motion - like to extend time to answer.

I would check your local county as well as the state rules on filing motions. Many courts have time requirements; you have to present your motion to the court and get a date for argument on the motion from the trial court administrator and you have to give notice of this to the other party. Depending on the motion, it might also need to be accompanied by a brief.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.