Dismissing a Lawsuit Before Trial

As has been mentioned in a few prior articles, litigation can oftentimes take years to reach a resolution.  Although the time it takes to dispose of a lawsuit varies, it usually takes months, if not years, to resolve litigation.  However, dismissing a lawsuit before trial is possible in certain circumstances.  Indeed, there are a few times during the course of litigation, when parties can request a court to throw out a lawsuit before a trial ever takes place.

Motion to Dismiss

 In order to initiate a lawsuit, a plaintiff files a complaint against one or more defendants.  Each of the defendants then has to respond within a certain amount of time, usually 20 to 35 days, depending on the circumstances.  A defendant can simply answer the complaint, which essentially means that they agree to continue the litigation at this point in the process.  However, a party can also file a motion to dismiss instead of filing an answer to a complaint.

Dismissing a lawsuit before trial through a motion to dismiss can be difficult in some circumstances and easy in others.  For instance, if the case is being brought after a statute of limitations has expired on a matter, a motion to dismiss is likely to be granted.  In addition, if there has been a bankruptcy that precludes a given lawsuit, or another similar situation, then a motion to dismiss is more likely to be successful.

However, most motions to dismiss are based on grounds that are less clear-cut.  One of the most common motions to dismiss involves asserting that the plaintiff has not adequately asserted a claim in the complaint.  This is often a debatable issue, and it may be difficult to evaluate how likely such a motion is to succeed.  Another common ground for motions to dismiss is that the court lack jurisdiction over the defendant.  Depending on the facts, it may be unclear if a court will decide that it has jurisdiction over a case.  Oftentimes, the standards involved in motions to dismiss make it difficult to throw out a lawsuit at this early stage in the litigation, but dismissing a lawsuit before trial at the motion to dismiss stage is possible in some cases.

Summary Judgement

Summary judgment also affords parties a chance at dismissing a lawsuit before trial.  Parties typically file a summary judgment motion after they have exchanged materials with one another and asked witnesses questions under oath.  Parties then use the evidence obtained during the litigation to prove to the court that there are no questions of fact that would require a trial in a matter.  Oftentimes, parties base their claims in summary judgment motions on the fact that parties could not collect sufficient evidence during a lawsuit to prove their claims and satisfy the legal standard needed for a recovery.

However, parties can also argue matters at the summary judgment stage that can also be argued at the motion to dismiss stage.  Indeed, courts may hold off on dismissing a lawsuit at the motion to dismiss stage to give the parties more time to collect evidence.  At the summary judgement stage, courts can see if parties have obtained enough evidence to establish that the court has jurisdiction over the case, or to resolve other issues in the litigation.

Although it is oftentimes easier to argue for dismissing a lawsuit before trial at the summary judgment stage than the motion to dismiss stage, it is still difficult to win a summary judgment motion.  Courts typically give every inference to the party not moving for summary judgment, and if there are doubts about whether the case should be dismissed, courts will usually decide to hold a trial in a matter.  However, summary judgment motions are a common tool attorneys employ when they argue for dismissing a lawsuit before trial.

Motions In Liminie

Right before a lawsuit is supposed to go to trial, parties typically prepare a variety of motions called motions in limine.  Usually, motions in liminie are aimed at limiting the types of evidence that is presented at trial, and how the trial will proceed.  However, sometimes, parties can argue in a motion in limine that the case itself should be dismissed before a trial occurs.  Normally, this happens when parties fail to file a motion for summary judgment, or some issue in the case kept the matter from being resolved earlier on.  In any case, motions in limine are often the last chance at dismissing a lawsuit before trial.

It should also be mentioned that parties can ask that a case be dismissed during the trial itself.  Indeed, parties can ask for a directed verdict, which means that the judge will decide the matter in the party’s favor without a jury making the final determination.  In addition, parties can also make a motion for judgment notwithstanding the verdict, which allows a judge to overrule or amend a verdict after a jury has already come down with its decision.  It is rare to obtain these types of relief, but a skilled litigator will be able to use every tool available to ensure that their client receives a favorable outcome.

The Rothman Law Firm has substantial experience arguing for dismissing a lawsuit before trial.  If you are looking for an experienced New Jersey and New York litigator who can argue for the dismissal of your case before trial, please feel free to contact The Rothman Law Firm to request a free legal consultation.