procedural guides

Five Motion Practice Traps and How To Avoid Them

Especially if you are working in an unfamiliar jurisdiction, it pays to be aware of these five common motion practice pitfalls that are easily avoided.

1.  Watch Out For Meet and Confer Requirements.  Many jurisdictions now require attorneys to meet and confer regarding any motion practice, not just discovery motions.  Check the SmartRules Guide for the jurisdiction where your action is pending to learn of any local meet and confer requirements.

2.  Watch the Cut-Off Date.  In many jurisdictions a motion must be noticed such that it can be heard or otherwise resolved before the applicable cut-off date, filing before the cut-off date may not make your motion timely.  Check the SmartRules Guide for the jurisdiction where your action is pending to learn the precise deadline for serving your motion.

3.  Schedule the Hearing If Necessary.  Many jurisdictions require that the moving party reserve and schedule a hearing date.  Check the SmartRules Guide for the jurisdiction where your action is pending to learn how scheduling the hearing is handled by your court.

4.  Don’t Forget the Separate Statement.  Motions for summary judgment are not the only motions that require a separate statement.  Make sure you check the SmartRules Guide for the motion type in the jurisdiction where your action is pending.

5.  Make Sure Your Declarant is Available.  In most jurisdictions live testimony on a motion is not routinely allowed. Don’t wait until the day you file to start obtaining your declarant’s signature.  Last minute travel and broken fax machines can cause your client to incur significant unnecessary expense to acquire that crucial signature from a third party.  Check your SmartRules Guides for rules and requirements regarding declarations.