Also known as: pretrial motion · pre-trial motion · pre-trial motions
Written by attorneys · grounded in primary & secondary sources — see below
A request filed by a party before trial seeking a court ruling on a defense, objection, or other matter that the court can decide without a trial on the merits.
Peter Park faces criminal charges and plans to raise an insanity defense. He files written notice of the defense after the deadline for pretrial motions has passed and offers no explanation for the delay. The court bars reliance on the defense because the notice was not submitted within the required timeframe.
Priscilla Parks sues Carnival Cruise Lines in state court after an onboard injury. The cruise line files a pretrial motion to dismiss based on a forum selection clause in the ticket. The court grants the motion and transfers the case, enforcing the contractual choice of forum.
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Paul Peterson faces criminal charges and files a pretrial motion seeking dismissal on the ground that the prosecution failed to disclose exculpatory evidence. The court evaluates the motion under the applicable standards before deciding whether to order dismissal or other relief.
Paula Pierce sues Ricoh Corporation in Alabama state court under a contract containing a New York forum clause. Ricoh files a pretrial motion to transfer the case to federal court in New York. The court grants the motion after determining that the clause is enforceable and the chosen forum is proper.
Paige Porter sues a cigarette manufacturer alleging failure to warn. The defendant files a pretrial motion arguing that federal labeling statutes preempt the state tort claims. The court rules on the motion by examining the scope of the federal statute and its effect on the state cause of action.
Premier Manufacturing files for bankruptcy and seeks to litigate a contract claim in bankruptcy court. The opposing party files a pretrial motion to withdraw the reference, arguing that the claim is a non-core state law matter. The district court grants the motion after determining that the bankruptcy court lacks authority to enter final judgment.
A defendant must file written notice of an intent to assert an insanity defense within the time provided for filing a pretrial motion. Failure to provide timely notice bars reliance on the defense unless the court finds good cause for a late filing.
Certain defenses, objections, and requests must be raised by pretrial motion if the basis is reasonably available and the motion can be decided without a trial on the merits. These include defects in instituting the prosecution and claims of improper venue or joinder.
With court and government consent, a defendant may enter a conditional plea that reserves the right to appellate review of an adverse ruling on a specified pretrial motion. If the defendant prevails on appeal, the plea may be withdrawn.
If the court does not set a deadline, the deadline for filing pretrial motions is the start of trial. The court may extend or reset any deadline at any time before trial.
…Illinois law and that consequently petitioner need not plead special damages. After answering the complaint, respondent filed a pretrial motion for summary judgment, claiming a constitutional privilege against liability for defamation.[^maj-1] It asserted that petitioner was a public official or a public figure and that the article…