USA Law and Practice Contributed by: Courtney Scobie, Jack Edwards and Andrea Whitley, Ajamie LLP
• Motion for judgment on the pleadings – this is similar to a motion to dismiss but is filed after the pleadings (complaint and answer) have been submitted. It seeks judgment in favour of the moving party based solely on the alle- gations contained in the pleadings, assuming that all factual allegations in the opposing party’s pleading are true. • Motion for summary judgment – this is a request that the court enter judgment in favour of the moving party before trial because there are no genuine issues of material fact and the moving party is enti- tled to judgment as a matter of law. They are generally filed near the end or shortly after the close of discovery after the parties have had time to gather evidence to support their claims or defences. A summary judg- ment motion and a response to one must be supported by admissible evidence, such as affidavits, deposition transcripts, and docu- ments collected during discovery. • Motion for directed verdict or judgment as a matter of law (JMOL) – in a jury trial, after the plaintiff has presented their case, the defendant may make a motion for a directed verdict (before the case is sent to the jury) or a motion for JMOL (after both parties have presented their cases). These motions argue that, based on the evidence presented, no reasonable jury could find in favour of the opposing party. 4.4 Requirements for Interested Parties to Join a Lawsuit The Federal Rules of Civil Procedure allow inter- ested parties who are not named as plaintiffs or defendants in a lawsuit to join a lawsuit under certain circumstances in a process called inter- vention. Interventions are either permissive or by right. An intervention of right requires the interve- nor to have a significant interest in the litigation,
a situation where disposition of the lawsuit could impair that intervenor’s rights and interests, and a representation that the existing parties inad- equately represent their interests. Even if a party does not meet the criteria for intervention of right, the court may permit them to intervene if they have a claim or defence that shares a common question of law or fact with the main lawsuit. Interventions are accomplished through motions and court orders. 4.5 Applications for Security for Defendant’s Costs The US legal system generally does not follow the practice of requiring a plaintiff to post secu- rity for a defendant’s costs. 4.6 Costs of Interim Applications/ Motions When parties file interim motions, they are typi- cally required to pay filing fees to the court. The amount of the filing fee varies depending on the type of motion and the court’s fee schedule. In some cases, parties may be eligible for fee waiv- ers or reductions if they meet certain financial criteria. In certain circumstances, the prevailing party may recover some of the costs associ- ated with filing interim motions. Attorney’s fees, however, are generally not recoverable unless provided for by statute, contract, or court rule. 4.7 Application/Motion Timeframe Courts often issue scheduling orders that outline the deadlines and procedures for various appli- cations and motions in a case, including motions for summary judgment, motions to dismiss, and other pre-trial motions. In some cases, the court may schedule oral argument to address motions. The timing of oral argument can vary and it may depend on the court’s availability and the com- plexity of the motion. The timeframe for the court to issue a decision or order on the motion can
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