Sample Motion and Order to Continue Washington

Examples of Motions and Responses

Below is a list of sample motions, responses to motions, and a few court orders. Sometimes, you have to reinvent the wheel when drafting legal documents but sometimes you do not. These example motions can be used in whole or in part or may just give you ideas as to what might work for your pleading and how to write them.

Shortcuts to Motions by Category

• Pre-Discovery
• Discovery
• Expert
• Motions Seeking and Opposing Summary Judgment
• In Limine
• Post Trial

Pre-Discovery Motions

• Consolidate Cases: This is a motion to merge two related causes of action [Select here]
• Service by Alternative Method: Sometimes, you just can't track down the defendant. Maryland allows for alternative service if certain hoops have been jumped. [Select here]
• Defendant's Motion to Transfer Venue [Select here]
• Our response: This is our latest effort at fine-tuning our forum non conveniens arguments. We won this motion and got a $5.5 million verdict
• Court's order
• Opposition to Motion to Dismiss for Improper Venue: We have a lot of sample motions about venue because in Maryland, any in many jurisdictions, venue can make a real difference in settlement value. This was a venue battle over the more specific factual issue of whether defendant was doing business in the jurisdiction in which we brought the claim. He claimed he did not. Our private investigator found that he did. [Select here]
• Motion to Recuse Judge: You do not want to file a motion to recuse a judge very often. But there are some cases where it is absolutely necessary. [Select here]

Discovery Motions

• Compel Discovery Responses: Standard filing to get the other party to answer discovery. Normally, the response is just providing the answers. [Select here]
• Response to Motion to Compel a Defense Medical Exam: We generally do not oppose the exam itself. The battle is usually over the conditions of the exam or the expert's failure to provide financial information [Select here]
  • Another Response to Motion to Compel Physical Examination [Select here]
  • Defendant's Motion to Compel a Physical Exam (citing IME "handbook") [Select here]
• Compel Deposition: Defense counsel with increased frequency instructs the defendant not to answer questions, usually because they don't like the questions. This motion requests a second deposition at defendant's expense. [Select here]
• Plaintiff's Response to Motion to Compel Medical Records Authorization: Many defendants want to go around HIPAA and get the records from the medical providers. They can do this with a subpoena, not a blanket HIPAA authorization.. [Select here]
• Opposition to Motion to Compel Vocational Rehabilitation Expert Interview: Defense counsel wanted to give the vocational rehabilitation expert a chance to essentially depose the plaintiff again. [Select here]
• Expedited Discovery: With a pending statute of limitations looming, you want to make sure you have all of the appropriate parties in the case. This speeds the process along if defense counsel is dragging their feet.[Select here]
• Motion to Extend Discovery Deadline: Sometimes, the case progresses in such a way that you need to extend the discovery deadline to complete the work needed to prepare for trial. [Select here]

Expert Motions

• Response to Motion to Protective Order for Expert Financial Records: This is appropriate when the expert refuses to provide the documents that back up her deposition testimony about how much money she makes does medical/legal work [Select here]
  • Defendant's Original Order [Select here]
  • Judge's Order Granting Release of Expert's Financial Records [Select here]
• Another Motion to Compel Financials (more recent version) [Select here]
• Protective Order from Second Trial Deposition [Select here]
• Prevent Expert from Suggesting Victim is Malingering or Lying [Select here]
• Frey-Reed Motion/Expert Financials: We won this motion, kicking out defendant's only expert in the case [Select here]
• Cumulative Experts [Select here]
  • Defendant's Response [Select here]
• Opposition to Allow Second Expert Deposition [Select here]
  • Defendant's Motion to Compel Deposition and Protective Order from Fact Witness Deposition [Select here]
• Opposition to Motion to Compel Expert Depositions: Is there a required order of who goes first when it comes to expert depositions? This is a battle we fought in a medical malpractice case in Baltimore. [Select here]
  • Defendant's Motion to Compel Expert Depositions: This defense motion does a pretty good job of laying out the issue from the defense point of view [Select here]

Motions for Summary Judgment/Motions to Dismiss

• Partial Summary Judgment: Seeking summary judgment based on the presumption of negligence in a rear end traffic collision [Select here]
  • Our Reply Motion After Defendant's Response [Select here]
• Plaintiff's Response to Motion to Dismiss Defunct LLC [Select here]
  • Defendant's Original Motion [Select here]
• Judgment on Whether Defendant Was Manufacturer of a Product: The battle here is whether a hybrid service/product can be subject to a strict liability claim [Select here]
• Response to Motion to Dismiss: Defendant sought dismissal claiming the worker's compensation barred Plaintiff's claim [Select here]
• Boulevard Rule Motion for Judgment in Motor Vehicle Collision [Select here]
• Our Response to Defendant's Motion to Dismiss [Select here]
  • Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment, or in the Alternative, that Requests for Admission Be Deemed Admitted [Select here]
• Response to Motion to Dismiss [Select here]
• Opposition to Summary Judgment [Select here]
• Opposition to Summary Judgment (pedestrian car accident case) [Select here]
• Plaintiff's Response to Defendant's Memo of Law on Incapacity Defense [Select here] (MS Word Version)
  • Defendant's Memorandum of Law on Incapacity Defense [Select here]
  • Defendant's Second Memorandum of Law on Incapacity Defense [Select here]
  • Court's Decision on Incapacity Defense Case [Select here]
• Opposition to Motion to Dismiss for Personal Jurisdiction [Select here]
• Opposition to Motion to Sever [Select here]
• Plaintiff's Motion for Summary Judgment (boulevard rule case) [Select here]
• Plaintiff's Opposition to Summary Judgment (exclude decedent's will in a wrongful death/survival action case) [Select here]
• Opposition to Motion for Judgment Claiming Workers' Compensation Exclusion [Select here]
  • Defendant's Motion for Summary Judgment (workers' comp exclusion) [Select here]
  • Court's Order Denying Motion [Select here]

Motions in Limine

• Exclude Testimony Regarding the Property Damage on the Vehicles. Should pictures of the car be admitted because of the correlation with the scope of the injuries? We have argued both sides of this issue. We have never had a case where the pictures were not admitted but it is the trial judge's call, at least in Maryland. [Select here]
• Estimation of Speed of Plaintiff's Car: Law in most states is pretty clear that fact witness cannot estimate the speed of vehicles [Select here]
• Limit Peremptory Strikes from Multiple Defendants: This is not a motion in limine but it is an important pretrial motion. If defendants get two or more bites at preemptory challenges, you are going to have a jury of insurance adjusters and tort reform advocates. [Select here]
• Stop Doctor From From Testifying as an Expert: Defense counsel often tries to name doctor defendant as a fact witness but then elicits expert testimony at trial [Select here]
• Subsequent Remedial Measures: Defendant sought refuge for remedial action that a third party took [Select here]
• Exclude Evidence of the Type of Motorcycle Plaintiff Was Riding: "Everyone knows" that if you are on a crotch rocket you are driving like a maniac. How to keep out this prejudicial evidence [Select here]
• Fact Witnesses [Select here]
• Exclude Lies and Other Bad Acts Related to the Use of Prescription Drugs as a Result of a Truck Accident [Select here]
• Exclude "Plaintiff Was a Druggie" Evidence [Select here]
• Exclude Evidence Relating to Plaintiff's Arrest [Select here]
• Exclude Mental Health Records [Select here]

• Exclude Test Results [Select here]
• Exclude Opinion Testimony [Select here]
• Exclude Informed Consent Form in Malpractice Case [Select here]
  • Defendant's Response [Select here]
  • A similar motion we filed in a case in Oregon
• Exclude Evidence Concerning the Activities of Plaintiff After the Relevant Events in the Case [Select here]
• Other Parties Sued [Select here]
• Prevent Defendant from Proffering Inconsistent Evidence at Trial [Select here]
• Exclude Evidence of "Unknown" Witness [Select here]
• Exclude Contents of Decedent's Will in a Wrongful Death/Survival Action Car Accident Case [Select here]
• Preclude Defendant from Appearing at Trial [Select here]
• Cumulative Experts [Select here]
  • Doctor's Response [Select here]
• Exclude Evidence Regarding the Estate's Beneficiaries
• Ad Damnum Clause: This is the type of nonsensical distortion of ad damnum clauses that make Maryland outlaw them in 2013. [Select here]
• Response to Motion to Exclude/Limit Expert's Opinion: Our reply to a pretty weak defense effort to strike our expert's orthopedic doctor's testimony. [Select here]
  • Defendant's Motion [Select here]
• Response to Motion to Strike Defendant's Dying Declaration: Our opposition to defendant doctor's motion to strike dying woman's statement that she knew her death was imminent [Select here]
  • Defendant's Motion [Select here]
• Exclude Prior Lawsuits Against Doctor: Defense counsel's effort in health care negligence case to exclude prior lawsuits and verdicts against the doctor. Defendants win this motion absent something compelling. [Select here]
• Exclude Prior Safe Use of the Product: In a lawsuit against Disney, we wanted to exclude evidence that the product had been used safely before. [Select here]
• Asserting Marital Privilege: Husband and wife asserting the marital privilege to avoid discussing privileged conversations they have had about the substance of the case and whether one spouse blames the other for a truck accident. [Select here]
• Motion for Comprehensive Voir Dire: This is not a motion in limine but this is the closest category this fits into on this page. We have been asking the court in 2019, with some success, to allow voir dire that is more in line with what you get in other jurisdictions. Judges have the discretion to handle voir dire as they like and many are receptive to the idea of better voir dire because judges know it leads to a better more impartial jury. [Select here]
• Motion for Comprehensive Voir Dire: This is not a motion in limine but this is the closest category this fits into on this page. We have been asking the court in 2019, with some success, to allow voir dire that is more in line with what you get in other jurisdictions. Judges have the discretion to handle voir dire as they like and many are receptive to the idea of better voir dire because judges know it leads to a better more impartial jury. [Select here]
• Opposition to Reptile Exclusion Motion: This is a silly motion trying to exclude "Reptile" tactics at trial. But we need to file a response so we have an example for you if you get hit with this type of motion. [Select here]

Post Trial Motions

• Response to Doctor's Motion to Take Down YouTube Deposition Video [Select here]
• Response to Motion for New Trial/Remittitur (premises liability)
  • Defendant's Motion for Remittitur [Select here]
  • Plaintiff's Response to Motion for New Trial/Remittitur, (premises liability) This was a $377,000 verdict on $6,000 in medical bills. We fought to keep the verdict. The judge did reduce the judgment to $250,000 [Select here]
  • Defendant's Response to Plaintiff's Response to Defendant's Motion for Remittitur [Select here]
• Plaintiff's Opposition to Motion for J.N.O.V. or Motion for a New Trial [Select here]
  • Defendant's Motion for J.N.O.V. or In the Alternative, Motion for a New Trial. This was based on an allegation of juror misconduct. The motion failed. [Select here]
  • Plaintiff's Reply to Defendants Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
  • Defendant's Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
    • Response to Motion for a New Trial [Select here]
    • Opposition to Motion for New Trial [Select here]
    • Response to Defendant's Motion to Revise Judgment [Select here]
    • Judgment Notwithstanding the Verdict [Select here]
    • JNOV (supplemental motion) [Select here]
    • Defendant's Motion for Remittitur [Select here]
• Plaintiff's Opposition to Motion for J.N.O.V. or Motion for a New Trial [Select here]
  • Defendant's Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
  • Plaintiff's Reply to Defendants Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]
  • Defendant's Reply to Plaintiff's Opposition to Motion for J.N.O.V. or In the Alternative, Motion for a New Trial [Select here]

Related Links

• Review Sample Discovery (interrogatories, depositions, trial transcripts, and much more to guide you through tort litigation)
• Get Help! (forms, pleadings, examples)
• Information for Lawyers Seeking To Refer Miller & Zois a Personal Injury Case

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Source: https://www.millerandzois.com/sample-motions.html

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