odd motions

This is the time of year when I teach my students some of the basics of motion practice. Everyone is familiar, of course, with standard procedural motions such as those seeking summary judgment, compelled discovery, and 12(b)(6) dismissals. To get across my point that in order to ask a trial court to do anything, an attorney should file a written motion, I give my students examples of unusual motions.

This year, I’ll show them two motions for continuance of a trial, one based on absence of jurors due to the start of deer season and the other premised on jurors’ absence based on the Chicago Bears-New Orleans Saints game being played today. By the way, both motions were granted! (Thanks to Kevin Underhill’s blog, Lowering the Bar, which had pdfs of the motions.)

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