Dilatory Motion

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Dilatory Motion

A dilatory motion is a motion that is made in order to delay the proceedings of a court case. Such motions are often made by defendants who are trying to avoid trial or who are hoping to gain an advantage by delaying the proceedings.

There are a number of different types of dilatory motions, but they all share the common goal of delaying the case. Some common types of dilatory motions include:

  • Motions to dismiss: These motions are made to ask the court to dismiss the case altogether.
  • Motions for summary judgment: These motions are made to ask the court to rule in favor of one party without a trial.
  • Motions for continuance: These motions are made to ask the court to postpone the trial.
  • Motions for discovery: These motions are made to ask the court to order the other party to produce evidence.

Dilatory motions can be very frustrating for plaintiffs, who are often eager to get their case to trial. However, it is important to remember that these motions are a legitimate part of the legal process, and they can be used for legitimate reasons. For example, a defendant may make a motion to dismiss if they believe that the plaintiff does not have a valid case.

If you are facing a dilatory motion, it is important to speak to an experienced attorney who can help you understand your rights and options.

Frequently Asked Questions

What is a dilatory motion?

A dilatory motion is a motion that is made in order to delay the proceedings of a court case.

What are some common types of dilatory motions?

Some common types of dilatory motions include motions to dismiss, motions for summary judgment, motions for continuance, and motions for discovery.

Why are dilatory motions made?

Dilatory motions are often made by defendants who are trying to avoid trial or who are hoping to gain an advantage by delaying the proceedings.

What are the risks of making a dilatory motion?

There are a number of risks associated with making a dilatory motion. For example, the court may rule against the defendant and order the case to proceed to trial. Additionally, the defendant may be held in contempt of court.

What should I do if I am facing a dilatory motion?

If you are facing a dilatory motion, it is important to speak to an experienced attorney who can help you understand your rights and options.

Multiple Choice Questions

  1. A dilatory motion is a motion that is made in order to:
    • Delay the proceedings of a court case.
    • Dismiss the case altogether.
    • Rule in favor of one party without a trial.
    • Postpone the trial.
  2. Some common types of dilatory motions include:
    • Motions to dismiss.
    • Motions for summary judgment.
    • Motions for continuance.
    • Motions for discovery.
  3. Dilatory motions are often made by:
    • Plaintiffs.
    • Defendants.
    • Both plaintiffs and defendants.
    • Neither plaintiffs nor defendants.
  4. The risks of making a dilatory motion include:
    • The court may rule against the defendant and order the case to proceed to trial.
    • The defendant may be held in contempt of court.
    • Both of the above.
    • Neither of the above.
  5. If you are facing a dilatory motion, you should:
    • Speak to an experienced attorney.
    • Ignore the motion.
    • File a counter-motion.
    • Do nothing.

Answers

  1. (a)
  2. (a), (b), (c), and (d)
  3. (b)
  4. (a) and (b)
  5. (a)

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