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When is it to late to file a motion

Brooklyn, NY |
Filed under: Litigation

Can l still file a motion right before or during pre trial hearings

Attorney Answers 7


  1. The short answer is "it depends."

    It depends on (1) any scheduling order issued by the court and, (2) the type of motion being filed. For example, many court scheduling orders prescribe a time within which to file certain types of motions, like summary judgment motions. Discovery motions are generally only permitted to be filed prior to the expiration of a discovery deadline prescribed by a court scheduling order.

    Motions in Limine are known as "Motions at the threshold" and are motions that can be filed right before or during a trial. Motions in limine can affect a trial directly. That is, a motion in limine to preclude certain evidence may affect what documents and other evidence a party can introduce during the trial of the matter.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


  2. Depends on the court, type of case and type of motion you want to file. You'd need to provide more details for a more detailed answer.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  3. The time in which to file a motion will be determined by several controlling factors.
    First there is the New York Civil Practice Law and Rules ["CPLR"] which governs procedure in civil matters. There is also the Uniform Rules for New York State Trial Courts. Each court, i.e., Supreme, Civil, Family, Surrogate's, etc., have different sets of procedural rules.
    See: http://www.nycourts.gov/rules/trialcourts/208.shtml
    Finally, the judge presiding over the case will generally set a schedule for motions and other procedural aspects of the litigation at a pre-trial scheduling conference.

    If your case is complicated, you should seek the advice of counsel. The procedural aspects of NY litigation can often be more daunting than the substantive law.

    THE INFORMATION CONTAINED IN THIS POSTING IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. THE FURNISHING OF THIS INFORMATION DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP. AN ATTORNEY CLIENT RELATIONSHIP REQUIRES THE FURNISHING, REVIEW, AND SIGNING OF A RETAINER AGREEMENT.


  4. It depends on what it is for.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  5. The rules of the courts vary by type of court and type of case.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  6. Without knowing whether you are involved in a civil action or a criminal action, and without knowing what the purpose of the intended motion is (what is the nature of the relief you would be seeking), no attorney can give you an intelligent or insightful answer.


  7. First of all, you have not asked a proper question. That means that you will probably not be able to draft a proper motion since you are not aware of the fact that your question lacked any facts with which to answer it. Second, unless you are proceeding pro se, in which case you are making a huge mistake, you do not file motions, your lawyer does. Third, all motions should be filed within 45 days of arraignment or upon the schedule the court has set unless they are separate motions like motions in limine, additional Discovery Motions, Memorandum of Law, or other motions that arise upon some new facts or information not known at the time of the Omnibus Motion. Please choose "best answer" if this helped you.

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