motions and briefs

I don't think there is any one fatal flaw, but law and motion practice (as well as appeals) is fraught with landmines. Make sure you read and understand the civil procedure rules, also check with the courthouse to find out what the local rules are and then check with the courtroom clerk to see of the judge has any "local-local" rules. Then follow the rules to the best of your ability. The other recommendation I am compelled to make is consult with a lawyer. This is complicated stuff, but we have been doing it enough so we can get through it with much less headache than non-lawyers.

Good luck.

There are many mistakes that can lead a court to deny a motion without giving it serious consideration. In order to have a court grant your motion, you need to understand the rules that govern motion practice in general, and that motion in particular. You also need to know what the legal standard is for granting the motion - i.e. what you need to show to the court - and what facts must be present for the motion to succeed, as well as how they must be presented. (Do you need live testimony? Affidavits? Can you simply state them in your motion with no sworn support?)

Missing any of these elements can be fatal to a motion. Attorneys spend years in school and more years training with other attorneys - yet in every motion hearing, there's a winner and a loser. So make sure you know all the requirements for your motion before you you forward, or you may simply lose.