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

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.