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Motion Practice in Mississippi Personal Injury Cases

Courtroom

While trial scenes in the courtroom gets a lot of attention in movies and TV shows about legal matters, the truth is that much of the action goes on behind the scenes in a real-life case. A personal injury attorney spends much of the time developing strategy, attending court hearings, and working on discovery. In addition, lawyers use motion practice to resolve or raise certain issues in advance of a trial date to help frame various issues. There are various motions used for different purposes under state law, and you may see your attorney employing one or more of them as part of representing your interests in a Mississippi personal injury case.

Motions Regarding Evidence

At times, an attorney may use motions in connection with evidence to be used at trial.

  • Motion to Compel: When the other side is preventing you from accessing certain evidence, a lawyer can use a motion to compel in order to obtain an order directing turnover of the information. For instance, if the at-fault driver made a statement to police or other witnesses to claim responsibility in the accident, your lawyer may use a motion to compel to gain access to it.
  • Motion to Exclude: There may be reasons that you want to exclude evidence at trial because it’s overly prejudicial or irrelevant as proof in court. For example, your attorney may use a motion to exclude evidence of a prior DUI at trial if there was no alcohol in your system at the time of the accident.

Motion for Summary Judgment

Under Mississippi’s Rules of Civil Procedure, either party may move the court to make a ruling on some matter in advance of the trial date. The motion for summary judgment is often used to resolve key issues because there is no dispute regarding the facts: Essentially, the parties agree on the evidence, so there is no other possible legal outcome. These motions can be used to resolve individual issues or the entire case.

Motion to Dismiss

In some cases, a defendant will file a motion to dismiss your case because there are legal or factual insufficiencies that make it impossible to prove the necessary elements. When your attorney receives this type of motion, the tables are turned: He or she would be required to respond to the motion and show that there are no weaknesses and that the evidence will prove all elements of the cause of action.

Talk to A Biloxi Personal Injury Attorney About Your Case

Motion practice can be a powerful strategy in personal injury cases, but you can’t use motions effectively if you don’t have the proper legal background or experience. You’ll need a knowledgeable lawyer that has trial and litigation skills, who will pursue appropriate motions to strengthen your position in court. For more information on various aspects of trial preparation, please contact the personal injury attorneys at the Law Offices of Judy Guice. We can answer your questions and tell you more about your options at a consultation in our Biloxi, MS location.

Resource:

courts.ms.gov/rules/msrulesofcourt/rules_of_civil_procedure.pdf

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