Understanding the Role of Motions in Your Personal Injury Case
If you’ve been injured in an accident in San Antonio and are pursuing legal action, you might hear your attorney mention “filing a motion” or “responding to a motion.” These legal maneuvers play a crucial role in personal injury litigation, often determining the direction and outcome of your case long before trial.
At Ryan Orsatti Law, we believe that informed clients are empowered clients. This comprehensive guide explains the most common motions in San Antonio personal injury cases, their purposes, and how they might affect your path to recovery and justice.
What Is a Motion in Personal Injury Litigation?
A motion is simply a formal request asking the court to make a specific decision or take a particular action. Motions serve as the primary method for attorneys to communicate with the judge during the litigation process. Each motion follows specific rules outlined in the Texas Rules of Civil Procedure, particularly as applied in Bexar County courts.
When a motion is filed, the opposing party typically has an opportunity to respond, and the court may schedule a hearing where both sides present their arguments before the judge makes a ruling.
Pre-Trial Motions in San Antonio Personal Injury Cases
Motion to Dismiss
Purpose: To terminate the case before it progresses further.
A defendant in a San Antonio personal injury case might file a motion to dismiss (also known as a demurrer in some jurisdictions) arguing that even if all facts alleged by the plaintiff were true, there’s no legal basis for the lawsuit.
Common grounds for dismissal in Texas personal injury cases include:
- Lack of jurisdiction (the court doesn’t have authority over the case)
- Improper venue (the case should be tried in a different location)
- Failure to state a claim upon which relief can be granted
- Statute of limitations has expired (in Texas, generally two years for personal injury claims)
Why It Matters: If granted, your case ends before it truly begins. This highlights why having experienced San Antonio personal injury counsel is critical from day one—proper case preparation can help prevent successful dismissal motions.
Motion for Summary Judgment
Purpose: To resolve the case without a full trial when there are no disputed material facts.
Either party may file this motion, but defendants often use it to argue that even viewing all evidence in the light most favorable to the plaintiff, the plaintiff cannot establish one or more essential elements of their claim.
For example, in a San Antonio slip and fall case, a defendant property owner might file for summary judgment claiming the plaintiff lacks evidence showing the owner knew about the dangerous condition—a required element for premises liability in Texas.
Why It Matters: Summary judgment motions often involve extensive evidence review and can effectively end your case if granted. These motions require comprehensive responses supported by affidavits, expert testimony, and documented evidence to demonstrate that genuine factual disputes exist requiring a trial.
Motion to Compel Discovery
Purpose: To force the opposing party to provide information they have refused or failed to produce.
During discovery, when one party doesn’t respond adequately to interrogatories, requests for production, or deposition notices, the other party may file a motion to compel. This is particularly common in personal injury cases where insurance companies or corporate defendants may initially withhold crucial evidence.
For example, if a trucking company refuses to provide driver logs in a San Antonio truck accident case, your attorney might file a motion to compel these critical documents.
Why It Matters: Successful discovery motions can uncover evidence that strengthens your case substantially. Texas courts generally favor disclosure, and parties who withhold information may face sanctions including monetary penalties or adverse inferences at trial.
Motion in Limine
Purpose: To exclude specific evidence from trial before it’s presented to a jury.
These motions are filed before trial begins and ask the judge to rule that certain evidence can’t be introduced or even mentioned in front of the jury because it’s irrelevant, prejudicial, or otherwise inadmissible.
Common subjects of motions in limine in San Antonio personal injury cases include:
- Prior unrelated injuries or claims
- Subsequent remedial measures (repairs made after an accident)
- Certain aspects of a plaintiff’s personal history
- Evidence obtained improperly
Why It Matters: These motions shape what the jury will hear and see during your trial. Strategic use of motions in limine helps keep the focus on the defendant’s negligence rather than irrelevant or prejudicial matters that might distract jurors from the core issues.
Motions During Trial in San Antonio Personal Injury Cases
Motion for Directed Verdict
Purpose: To have the judge decide the case without sending it to the jury.
After the plaintiff presents their case, the defense may move for a directed verdict (called a motion for judgment in Texas), arguing that the plaintiff failed to provide sufficient evidence to support their claims. Similarly, after the defense presents their case, the plaintiff may make this motion.
Why It Matters: This represents a critical juncture where the judge evaluates whether there’s enough evidence for reasonable jurors to find in the plaintiff’s favor. If granted, it ends the trial before jury deliberations.
Motion for Mistrial
Purpose: To terminate a trial that has been fundamentally compromised.
When something occurs during trial that severely prejudices a party’s right to a fair proceeding, their attorney may move for a mistrial. Examples include improper comments from witnesses, attorney misconduct, or juror misconduct.
Why It Matters: If granted, the trial ends and typically must start over with a new jury, extending the timeline of your case but protecting your right to a fair trial.
Post-Trial Motions in San Antonio Personal Injury Litigation
Motion for New Trial
Purpose: To request that the court set aside the verdict and conduct a new trial.
After an unfavorable outcome, a party may file this motion alleging substantial errors occurred during trial that affected the result. Common grounds include:
- Jury misconduct
- Newly discovered evidence
- Improper jury instructions
- Verdict against the great weight of evidence
In Texas, this motion must be filed within 30 days after the judgment is signed.
Why It Matters: This serves as an important safeguard against unjust outcomes and can give plaintiffs a second chance when procedural issues or new evidence warrant it.
Motion for Judgment Notwithstanding the Verdict (JNOV)
Purpose: To override the jury’s verdict when it’s not supported by the evidence.
If a jury reaches a verdict that isn’t reasonably supported by the evidence presented at trial, either party may ask the judge to set aside that verdict and enter a different judgment.
Why It Matters: While courts are generally reluctant to overturn jury verdicts, this motion provides recourse when a verdict clearly contradicts the evidence. In personal injury cases with substantial damages, these motions can be particularly important.
Specialized Motions in San Antonio Personal Injury Cases
Motion to Consolidate
Purpose: To combine similar cases for more efficient proceedings.
When multiple lawsuits arise from the same incident—such as a multi-vehicle accident on I-10 or a defective product that injured several people—the court may consolidate these cases to avoid duplication of effort and inconsistent results.
Why It Matters: Consolidation can streamline the litigation process but also creates complex dynamics when multiple plaintiffs and defendants are involved. Having experienced counsel becomes even more critical in these situations.
Motion to Designate Responsible Third Parties
Purpose: To allocate fault to entities not named as defendants in the lawsuit.
Under Texas Civil Practice & Remedies Code § 33.004, defendants can move to designate other parties who may have contributed to the plaintiff’s injuries. This motion must be filed at least 60 days before trial.
Why It Matters: This motion can significantly impact your recovery by potentially dividing responsibility among more parties, some of whom may be judgment-proof or have limited insurance coverage. Your attorney’s strategy in responding to these motions can be crucial to maximizing your compensation.
Emergency Motions in Personal Injury Cases
Temporary Restraining Orders and Injunctions
Purpose: To preserve evidence or prevent actions that could harm a party’s interests.
In some personal injury cases, especially those involving ongoing dangerous conditions or threatened destruction of evidence, a party may seek emergency relief from the court. For example, after a serious truck accident in San Antonio, your attorney might file for an emergency order preventing the trucking company from repairing or disposing of the vehicle before your experts can inspect it.
Why It Matters: These emergency motions can preserve critical evidence that might otherwise be lost forever, significantly affecting your ability to prove your case.
How San Antonio Courts Handle Motions in Personal Injury Cases
In Bexar County, where San Antonio is located, personal injury cases are primarily handled in the District Courts. These courts have specific local rules governing motion practice, including:
- Most motions require at least three days’ notice before a hearing
- Certain motions may be decided without oral argument (“submission”)
- Emergency motions require specific procedures and showings of immediate necessity
- Some judges have individual preference orders regarding motion practice
The COVID-19 pandemic has also changed how motions are heard, with many Bexar County courts now conducting motion hearings via Zoom or other video conferencing platforms. This has created both opportunities and challenges for personal injury litigants.
The Strategic Importance of Motion Practice
Effective motion practice is often what separates exceptional personal injury attorneys from average ones. A strategically timed motion can:
- Force favorable settlements
- Eliminate defenses before trial
- Secure critical evidence
- Shape the narrative presented to the jury
- Preserve important issues for appeal if necessary
At Ryan Orsatti Law, we leverage our deep understanding of San Antonio courts and judges to craft motion strategies tailored to each client’s unique situation. Our experience in Bexar County courtrooms provides valuable insight into which motions are likely to succeed before particular judges.
How Ryan Orsatti Law Approaches Motion Practice
Our firm takes a comprehensive approach to motion practice in personal injury litigation:
- Proactive Planning: We anticipate opposing motions and prepare responses well in advance
- Strategic Timing: We file motions at optimal points in litigation to maximize their impact
- Thorough Research: Each motion is supported by detailed legal research and fact investigation
- Compelling Writing: Our motions present persuasive arguments in clear, concise language
- Effective Oral Advocacy: When hearings are required, we present powerful arguments tailored to the specific judge
Protecting Your Rights Through Effective Motion Practice
Personal injury litigation in San Antonio involves numerous procedural complexities. Without skilled representation, injured parties can find their cases dismissed or their compensation severely limited due to unsuccessful motion practice.
At Ryan Orsatti Law, we fight aggressively through strategic motion practice to protect your rights at every stage of litigation. From preserving critical evidence through emergency motions to excluding prejudicial information through motions in limine, our comprehensive approach aims to position your case for maximum success.
Conclusion: The Path Forward in Your Personal Injury Case
Understanding the motion process empowers you to participate more fully in your case and appreciate the strategic decisions your attorney makes. While the legal system may seem overwhelming, having knowledgeable counsel guiding you through these procedures can make all the difference.
If you’ve been injured in San Antonio due to someone else’s negligence, contact Ryan Orsatti Law for a consultation. Our experienced team will explain how we can use effective motion practice and other litigation strategies to pursue the justice and compensation you deserve.
This article is provided for informational purposes only and does not constitute legal advice. Every case presents unique facts and circumstances requiring individual analysis by qualified legal counsel. If you have specific questions about your personal injury case, please contact Ryan Orsatti Law directly to discuss your situation.
About Ryan Orsatti Law: Based in San Antonio, Ryan Orsatti Law specializes in personal injury litigation, fighting for victims of car accidents, truck accidents, slip and falls, workplace injuries, and other incidents caused by negligence. Our firm combines thorough legal knowledge with aggressive advocacy to maximize recovery for our clients while providing compassionate, client-centered representation.
