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Nondispositive Motions in Federal Court Toolkit
Practical Law Toolkit w-009-0422 (Approx. 11 pages)
Nondispositive Motions in Federal Court Toolkit
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to help counsel identify, prepare, file, and serve nondispositive motions in federal civil litigation, including motions for pro hac vice admission, motions to disqualify counsel, motions to disqualify a judge, motions for a more definite statement, motions to strike, motions to intervene, motions for a preliminary injunction, motions to file documents under seal, and motions for sanctions.
Nondispositive motions play an important role in a party's strategy at all stages of a lawsuit, as they may significantly shape a case and the court's ultimate disposition. For example, counsel may use these types of motions to:
- Correct procedural defects or amend pleadings.
- Maintain the status quo during the lawsuit.
- Facilitate a fair trial.
The resources in this Toolkit provide guidance on preparing, filing, and serving nondispositive motions in federal civil litigation, including:
- Motions for pro hac vice admission.
- Motions to disqualify opposing counsel or withdraw from representing a client.
- Motions to recuse or disqualify a judge under 28 U.S.C. §§ 144 and 455.
- Motions for a more definite statement of a pleading under FRCP 12(e).
- Motions to strike under FRCP 12(f).
- Motions to amend a pleading under FRCP 15.
- Motions to intervene under FRCP 24.
- Motions for a preliminary injunction or a temporary restraining order (TRO) under FRCP 65 (which typically do not result in the disposition of a case in its entirety, although in some circumstances, these motions may be considered dispositive).
- Motions for a protective order.
- Motions to sever under FRCP 21.
- Motions to file documents under seal as FRCP 5.2 may permit.
- Motions for sanctions under FRCP 11 (which typically are nondispositive, but in some cases, may result in the court dismissing the case).