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Pre-trial motions

Before a truck accident lawsuit proceeds to trial, attorneys often file pre-trial motions. These requests ask the court to resolve certain issues or shape how the case will be presented.

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  • Truck Accident Law Team
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Article 5 of 6 in Filing a Truck Accident Lawsuit/

Pre-Trial Motions in Truck Accident Lawsuits

Purpose of Pre-Trial Motions

  • Narrow legal issues before trial.
  • Dismiss unsupported claims.
  • Limit or allow certain evidence.
  • Potentially resolve the case without a full trial.

Common Types of Pre-Trial Motions

  1. Motion to Dismiss

    • Argues the complaint is legally insufficient.
    • Reasons may include lack of jurisdiction, improper venue, or failure to state a claim.

  2. Motion for Summary Judgment

    • Requests judgment without trial, arguing there are no disputed material facts.
    • Often filed by defendants to avoid trial when evidence heavily favors them.

  3. Motion to Compel

    • Seeks to force the opposing party to provide discovery materials (e.g., ELD logs, maintenance records).

  4. Motion to Exclude Evidence (Motions in Limine)

    • Prevents prejudicial or irrelevant evidence from being shown to the jury.
    • Examples: prior criminal history, unrelated medical issues.

  5. Motion for Change of Venue

    • Requests moving the trial to another jurisdiction for fairness or convenience.

  6. Motion to Consolidate or Sever Claims

    • Combine related cases for efficiency or separate unrelated claims to avoid jury confusion.

Strategic Importance

  • Pre-trial motions can shape trial strategy by defining what evidence will be admissible.
  • Successful summary judgment motions may end cases early, saving time and costs.
  • Motions to compel ensure all critical evidence is available.
  • Trucking cases often involve voluminous evidence such as black box data, inspection logs, and medical records.
  • Pre-trial motions determine how much of this evidence reaches the jury.
  • Judges’ rulings can significantly impact settlement negotiations.

Summary: Pre-trial motions are vital tools in truck accident litigation. They streamline proceedings, resolve legal disputes early, and influence both trial outcomes and settlement leverage.

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Truck Accident Law Team

Written by : Truck Accident Law Team

Attorneys, investigators, and legal writers focused on U.S. trucking safety, litigation strategy, and victim advocacy.

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