question about motion

vialna · 08-23-2006, 10:05 AM

is there a difference between the following, if so what is it and when are they used......motion in limme, and motion to preclude....are they the same thing just called different titles in different states...when are they used...v

centex · 08-23-2006, 01:05 PM

I believe the first one you are referring to is Motion in Limine. It is a pretrial motion that generally precludes what may be put before the trier of fact. The reason for the motion is that some matters are so prejudicial that if they are put before the jury, even with an objection, the damage is done. You see it far more frequently in the criminal realm since those are cases that are much more likely to actually see a jury.

The reality is that, for all of the posturing of some, very few civil cases will EVER see a jury. Hence, there is limited need for the Motion in Limine in the civil realm. The Motion to Preclude accomplishes essentially the same thing but in a slightly different scheduling mechanism...

vialna · 08-23-2006, 06:53 PM

im trying to figure out from the posts what would the natural basic steps be in a civil cc suit... summons, answer...discovery, motion to dismiss, motion to preclude, msj, trying to see what would be first as a rule and what you would file in which sequence....thks centex...maybe you can give me a general overview of a simple order .....v

rubyruby27 · 08-23-2006, 06:57 PM

V,

I am sure someone with knowledge will answer this, but from what I understand you can't do a dismissal if you answer first

It is MTD first, that's all I really know. I would like this answer too.

If you do a MTD do you file the answers etc at the same time or a day later, or wait until you go to pretrail.

centex · 08-23-2006, 07:04 PM

Much of the equation has to do with whether you are a plaintiff or a defendant and with what level of court you are in (ie. state or federal).

Not all types of filings have a place in every case filed. There are a number of situations where a motion to dismiss is basically a waste of time.

You may also find jurisdictions that have an RCP that requires an Answer be filed even if an MTD is filed. Otherwise you are screwed if the MTD is denied and the time for filing the answer has elapsed. ALWAYS READ THE RCP FOR YOUR JURISDICTION, PREFERABLY IN ANNOTATED FORM!!!

rubyruby27 · 08-23-2006, 07:07 PM

Another day at the library.

centex · 08-23-2006, 08:14 PM

Quote:

Originally Posted by rubyruby27

Another day at the library.

And she'll have fun, fun, fun until her daddy takes the T-bird away

Ruby, as you know, I am a proponent of ANY person in either the defense or plaintiff's counsel chair having a current copy of the annotated rules of civil procedure. Not only will having the rules outline the process in some semblance of order, but it will give you the leading cases on each particular area of the RCP. It is easily the best $75-100 that a potential litigant can spend...they can be had for less if you look at college bookstores or maybe even online at half-price sites.

vialna · 08-23-2006, 09:39 PM

centex, lets suppose i would be the defendant...as most of my debt is cc and i will be having more jdbs going for judgements now that one has won...so if im the defendant and i've been served a summons...what would be first, second or third....the rcp that i have read for florida are not real detailed and dont break down any specific order ....v

hannah · 08-23-2006, 10:12 PM

Quote:

Originally Posted by vialna

centex, lets suppose i would be the defendant...as most of my debt is cc and i will be having more jdbs going for judgements now that one has won...so if im the defendant and i've been served a summons...what would be first, second or third....the rcp that i have read for florida are not real detailed and dont break down any specific order ....v

I am not centex but perhaps I can answer this...first your RCP's should say what needs to be done if you want to MTD right off the bat. Here it would be filed first. Then the answer. I will go look at Florida's RCP sometime today or tomorrow and look to see if they are worded similarly to WV's. Perhaps centex will be along shortly.

centex · 08-23-2006, 10:20 PM

Quote:

Originally Posted by vialna

centex, lets suppose i would be the defendant...as most of my debt is cc and i will be having more jdbs going for judgements now that one has won...so if im the defendant and i've been served a summons...what would be first, second or third....the rcp that i have read for florida are not real detailed and dont break down any specific order ....v

There is a difference between reading an RCP online and having an actual hardcopy of the annotated RCP like you can get through Thomson-West or other source.

As to what gets filed in what order, it all depends on the nature of the claim and what is presented in the way of the required attachments. There are some filings where everything will be in order and the only thing that makes sense is to come to a settlement agreement that also non-suits the case. At least then you don't get slapped with attorney fees and a judgment that haunts the credit report...

rubyruby27 · 08-23-2006, 10:28 PM

I will look for a copy on line, thanks for the info. All the books I have looked at are 150+

centex · 08-23-2006, 10:42 PM

Quote:

Originally Posted by rubyruby27

I will look for a copy on line, thanks for the info. All the books I have looked at are 150+

There are a few on the Thomson site...you may find the older edition showing up in the used book environments since the new rules would just be taking effect...

http://west.thomson.com/store/produc...ct_id=16345646
http://west.thomson.com/store/produc...ct_id=17579322

wow...they even have one on trial objections...

http://west.thomson.com/store/produc...ct_id=12283204

There are plenty of other source locations besides Thomson-West. But hopefully these few editions give you some ideas...

roybean · 08-23-2006, 11:55 PM

I see they have you covered, so it looks you're good Vialna and Ruby.