SKU: 61638475703

Motions: Practice and Procedure

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Description

Motions: Practice and ProcedureMotions Can Make or Break Your Case When you want a judge (or party) to take a specific action in your lawsuit, you must use the proper procedure (motions) to present the request to the court. Failure to properly present or respond to motions is a major reason that people who represent themselves in court ("pro se" or "pro per") lose their case. Tutorial Preview If you are: Representing yourself in a lawsuit; or An attorney representing a client in a

Motions Can Make or Break Your Case

When you want a judge (or party) to take a specific action in your lawsuit, you must use the proper procedure (motions) to present the request to the court. Failure to properly present — or respond to — motions is a major reason that people who represent themselves in court ("pro se" or "pro per") lose their case.

Tutorial Preview

If you are:

  • Representing yourself in a lawsuit; or
  • An attorney representing a client in a lawsuit;

Then you must understand that motions drive almost every step in the litigation process — and are therefore crucial to your case.

A motion is a formal request asking the judge to make a particular ruling or order in a lawsuit. Self-represented parties — and even attorneys — often make detrimental mistakes when preparing, opposing, and arguing motions.

In Motions: Practice and Procedure, litigation attorneys Neer Lerner and Elliott Malone share practical insights and knowledge about motions that can help you protect your case, strengthen your defenses, and incorporate strategic measures at every stage of your lawsuit.

You'll learn:

  • Motion basics in simple language;
  • Types of motions and when to use them;
  • Essential tips for writing an effective motion;
  • The significance of a motion to dismiss or motion for summary judgment; and

Other insights and strategies to help you understand the mechanisms, advantages, and best practices for court motions — with writing tips to help you present them as persuasively as possible.

Essential Tips for Writing an Effective Motion

This video series will break down the typical components of a motion — so you can prepare to write your own — in accordance with your court’s local rules.

Once you have an understanding of motion structure and different types of motions, you'll learn how to write your motion professionally and persuasively. Poorly constructed motions can annoy the judge and decrease your chances of achieving your lawsuit goals.

You'll learn helpful writing tips, including:

  • How to write a strong introduction paragraph to grab the judge’s attention and effectively lay out your arguments;
  • What information (and words) to avoid in your motion if you don't want to irritate the judge or embarrass yourself;
  • Why your credibility is your strongest asset in your case — and how to avoid damaging mistakes in your motion that can destroy it;
  • How to use headings and subheadings to make it easy for the judge to find relevant information quickly; and
  • Many other tips for eloquently writing (and opposing) motions with the goal of putting yourself in the best position to achieve a favorable ruling.

Your purchase includes a downloadable sample complaint to study and use as inspiration for your case.

Sample Motions

In addition to video instruction, you will have access to the following sample motions that can inspire your own motions:

  • Motion to Dismiss
  • Motion to Compel Discovery Responses
  • Motion in Limine to Exclude Evidence at Trial

The Importance of Motions for Summary Judgment and Motions to Dismiss

If your opponent files a motion to dismiss (AKA demurrer) or a motion for summary judgment, you may be in danger of losing your case before ever going to trial — unless you can plan and prepare a strong opposition to the motion.

Motions to dismiss and motions for summary judgment are often the most challenging to oppose — and either one could end your lawsuit before it ever goes to trial.

On this crucial topic, you will learn:

  • The number one reason self-represented parties lose their case when the opposing party files a motion to dismiss or motion for summary judgment— and what to do about it;
  • Common legal grounds to file a motion to dismiss a lawsuit for being legally deficient;
  • What courts consider in ruling on a motion to dismiss or motion for summary judgment — and how you can structure your opposition accordingly;
  • Why you must review the opponent's opposition to your motion before going to the court hearing for oral arguments — with a video simulation of a fictitious lawsuit where you'll see how a party wins his motion for summary judgment; and
  • Additional valuable tips and insights regarding motions to dismiss and motions for summary judgment that can help protect you from your opponent and better assist you to prepare and oppose critical motions.

Whether you are a plaintiff or defendant — an attorney or a party representing yourself ("pro se" or "pro per") — knowledge of motions is critical to a successful outcome in your case.

Study Motions: Practice and Procedure, together with your jurisdiction’s local rules, and you’ll be better equipped to understand how motions work and how to prepare (or oppose) motions to achieve your lawsuit goals.

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SKU: 61638475703

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Mars Attacks!
New York, US
★★★★★ 4
Great book, so-so cover.
Format: Paperback
I must say, it is a top quality door-stop. My girlfriend gave me this book about six months before she left because she found it super informative, but I have to say that I knew how I would use it from the start. I mean, the weight of this thing could be easily understated by 0.2 to 0.3 lbs... The muted blue palette over the cover is an unobtrusive way to make sure the door stays open by just the right amount without it being too heavy or tough on hardwood floors (like a brick or a big rock). Why not five stars? The guy on the cover seems to creep out my cat. Maybe they should have put Mr. Bean or some other comically expressive figure on the cover rather than some random Thai guy...
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Reviewed in the United States on April 7, 2026
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The OC
Battle Creek, US
★★★★★ 5
Superb biography and history.
Format: Hardcover
I read this book prior to a tour of China a few months ago. I remember the old videos of China in the '60's and '70's showing the Chinese wearing Mao suits and riding bicycles. Now Beijing and Shanghai have freeways like L.A. filled with Audis, Buicks and other modern cars polluting the air. Much of the population dresses stylishly, particularly the young (many of them the "spoiled children" resulting from the one child law). They have a railroad that is an engineering marvel that goes to Lhasa, Tibet reaching an altitude of 16,000' on the way. Shanghai is the busiest port in the world and has spectacular skyscrapers. Do they have problems? Yes, huge ones including pollution of all sorts, lack of individual freedoms, a restless population among both the poor and well to do, rebellious minorities, and corruption throughout the ruling communist party. Still the changes in the last 30 years are astounding. No one man is responsible for all this but Deng must get the credit for leading the country to a more pragmatic economic path. No small task after the multiple debacles left behind by Mao and his ideological fantasies. It seems to be that the more ideological a political leader becomes the further he becomes separated from reality - whether the ideology is left or right. And if the ideological stance is extreme they soon begin killing people. Mao killed some by intent and millions by incompetent leadership and egotism. Deng and his supporters led hundreds of millions out of poverty. He was no angel and was part of a bad system throughout his long adult life. But his life is a great story and I would recommend this book strongly to anyone with an interest in modern China.
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Reviewed in the United States on December 18, 2012
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Objective
Houston, US
★★★★★ 5
6 stars
Format: Paperback
If you have to read only one book on China, pls pick up this one. Dr Vogel has done an amazing job writing about one of the greatest leaders in modern times. In order to understand the enormity of Deng's achievement, one needs to first appreciate the damage that Mao did to the country. Vogel gives a good background of that but quickly moves on to Deng. The approach described has value in achieving anything in life: Do more, talk less. Boldy try and if unsuccessful, adjust and try again. Choose good people, empower them and let them do their jobs. Respect the predecessors - watch his restraint at criticizing Mao - the man who made his life so miserable - 3 times! While his adoration of Deng is obvious, Vogel was also able to describe the human and less admirable side of Deng, most obviously, his handling of Tiananmen on June 4, 1989 and how he punished his protege (and one many regards as a just and capable patriot: Zhao Ziyang). China has gone through several leaders since Deng. But in spite of having all his history to learn from, none have come close, much less equalled the achievements of this great leader. Running a country is not easy. The larger it is, the more exponentially difficult. With more than a billion people, China is almost impossible to manage. Almost. Deng managed to and he did it extraordinarily well. This is his story. So well told that even Deng, would have approved. At $17, you really can't get a better bargain. I'm ordering a few more copies to give away to friends who really want to understand modern China.
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Reviewed in the United States on March 25, 2014
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Michael
Grantham, US
★★★★★ 5
Great book for recent China's reforms.
Format: Paperback
The author did a great job, really great job on this book. He has a deep understanding on China's rich history and how China gets where it is now. Mr. Deng is the right person for China, at the right (yet critical) moment. This book should be the "textbook" for any person who wants to know a little deeper about China. Deng's life represents the recent history of China. A poor student worked/studied in France in 1920s, being bullied and discriminated. A student in Soviet who saw the system may bring broken China back together. A high-ranking military commander who fought in battles to bring China to true independence in his 20s to 40s. A party leader turned exiler worked in a factory in his late 60s. A father who has to take care of a highly disabled adult son(was a bright student in a top university in China, and was threw out from a high floor window in Culture Revolution). A compromiser grabbed the absolute power in his 70s. A great reformer changed over 1.2 billion people's lives. A ruthless ruler doesn't allow his goal being sidetracked(1989 crackdown of street protesters). And finally, his goal, a stronger China, is here today. A great book.
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Reviewed in the United States on December 29, 2020
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thebowl
Port Orchard, US
★★★★★ 4
Very thorough treatment
Format: Hardcover
This book provides a thorough treatment of the career of a man whose influence on China was arguably as great as anyone's in the 20th Century, Mao included. The picture that emerges is of a man who exercised good judgment, was a skillful politician, held certain core beliefs, but was pragmatic and capable of reversing course when necessary. I see parallels to FDR, in some respects. The author gives him credit for working masterfully within the Chinese Communist Party framework to achieve and exercise power, which required a certain amount of misdirection if not subterfuge, yet the prominent Americans who dealt with him all regarded him as being direct if not blunt to deal with. I am around 70% through the book and have branched off twice to read other books, which I almost never do. It occurs to me that this book is not a particularly easy read. In part this is due to the seemingly endless parade of characters whose identities can be difficult to keep straight. Part is due to the fact that Deng did not seem to leave behind much in the way of personal writings or interviews, so the book lacks a personal narrative feel. Also, a lot of Deng's accomplishments as a politician involved the indirect exercise of power, through others. Much of the book involves telling us not what Deng himself did in a given situation, but what Deng arranged to have acomplished, which doesn't involve the same urgency. There is very little revealed of his personal life. It is arranged topically within an overall chronology. It is very straight-forward, with basically no subjective content or even reflection. The book appears to have been exhaustively researched. It is well worth the effort, given the importance of the subject, which is, ultimately, China itself.
WAS THIS REVIEW HELPFUL?YesReportShare
Reviewed in the United States on January 18, 2012

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