Swain County, NC asked in Civil Rights for North Carolina

Q: How do you request a pretrial motion?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in North Carolina

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.

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