A graduate of the University of Detroit Mercy School of Law, John Biernat is an associate attorney at Padilla Law Group. In this capacity, John Biernat handles trial preparation and writes case evaluations and legal motions. A legal motion is a request made to a judge for a ruling on a particular issue.
A plaintiff, defendant, or prosecutor is free to make a motion to the court either before or during a trial, or following a verdict. Motions help the justice system continue operating as smoothly as possible by quickly settling controversial or disputed issues that would otherwise hold up court proceedings. These motions can affect the courtroom, evidence, testimony, or trial and are decided on solely at the discretion of a judge.
One of the most common types of motions is a motion to dismiss. Typically occurring before a trial, a motion to dismiss is a request for a judge to throw out a particular case. The moving party does not contest any facts of the case, but rather argues that the court has no say about the claim. Another common motion is a motion to discover in which one party attempts to gain information from the opposing party.
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