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Why do lawyers file motions with multiple cases of actions; is it because if one is denied the judge may approve one of them?

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Attorney answers 1


There can various reasons for filing a complaint with multiple claims. There are also various reasons for filing an answer with multiple defenses. From the plaintiff's view it is important to allege any cause of action that the attorney feels is supported by the facts. If a cause of action is left out it may be precluded from a later court action if it should have been brought with the first complaint. Similarly, when defending an action a lawyer needs to assert all possible defenses or else the court may bar the attorney from asserting the defense later in the case.

For motion practice attorneys often submit more than one theory on why the judge should support their position. It is a "don't put all of your eggs in one basket" idea. With the judicial system a lot of times you need to assert all of your arguments at a particular junction or else you will be precluded from that argument down the road.

Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.