February 14, 2013 Articles

Trial Motion Practice Pointers Part I: Pretrial and In-Trial Motions

The first in a two-part series offering a nuts-and-bolts look at common trial motions in federal court.

By Betsy Collins and Taylor N. Barr

Because few civil cases ever go to trial (and even fewer go in front of a jury), it is not uncommon for a litigator to practice for several years without ever having to deal with in-trial or post-trial motions. However, for those lucky cases that go the distance, there are a number of motions that must be handled in conjunction with trial. There are a number of common pre- in- and post-trial motions, based on the federal rules, that must be filed or made orally not only to ensure a fair trial of the matter, but also to preserve grounds for a potential appeal.

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