Gain practical insights into navigating complex multi-jurisdictional challenges, fostering seamless coordination with co-counsel, and leveraging technology to streamline case management.

1. Presented By
Craig Hoffman
Craig Hoffman
MOTION PRACTICE STRATEGY
MOTION PRACTICE
STRATEGY

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Craig C. Hoffman is a litigator dedicated to resolving
disputes efficiently, enabling clients to focus on
business growth. With extensive experience across
various industries, he has managed cases from
modest sums to hundreds of millions of dollars. Craig
tailors his litigation strategy to client goals, whether
seeking swift resolution or preparing for trial and
appeal. His expertise includes contract breaches,
business torts, real estate, securities litigation, and
government investigations. Craig represents financial
institutions in matters involving TILA, FCRA, FDCPA,
and TCPA, including class actions. He handles all
litigation stages, from pleadings to trials and
arbitrations.
CRAIG HOFFMAN
Partner, Ballard Spahr LLP

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Agenda
1. Introduction to Motion Practice in Litigation
2. Key Motions in Complex Litigation
3. Oral Arguments for Motions
4. Using Technology and Visuals in Motion Practice
5. Key Takeaways

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Motions
A motion is a formal request made to a court by a party in a case,
seeking a specific order or ruling on a legal matter.
This request can be made at almost any point during judicial
proceedings, from the initiation of the lawsuit through to the post-
trial phase, and it is usually presented in writing, although some
motions may be made orally during hearings.

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Purpose of Motions
Motions serve various purposes in the legal process, including:
• Advancing or resolving procedural issues
• Motions can address matters such as extending deadlines,
amending earlier court filings, or dismissing the case due to
procedural deficiencies.
• Resolving substantive legal issues
• Some motions, like a motion for summary judgment, ask
the court to decide the case or a specific legal issue within
the case without a trial because there are no material facts
in dispute.
• Regulating the conduct of the trial
• Motions can set the parameters for a trial, including what
evidence is admissible or how the trial will be conducted.

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Types of Motions
Procedural Dispositive Pre-Trial
Discovery
Related
Post-Trial Other
Motion to
Dismiss
Motion for
Summary
Judgment
Motion in Limine
Motion for
Protective Order
Motion for New
Trial
Motion to
Amend
Motion for
Continuance
Motion for
Default
Judgment
Motion to
Suppress
Motion to Quash
Motional for
Judgment
Notwithstanding
Motion for
Reconsideration
Motion to
Compel

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How Motions are Handled
• Filing
• Motions are typically filed with the court's clerk and must be served on
all parties to the case.
• Hearing
• Most motions require a hearing before a judge, during which both
parties can argue the merits of the motion.
• Decision
• The judge may rule on the motion immediately after the hearing or
take the matter under advisement and issue a written decision later.

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Role of Motion Practice in Litigation
• Case Management
• Efficiency: Motions help manage the procedural aspects of a case, such as
extending deadlines, modifying procedures, or changing venue, which can
significantly affect the efficiency and direction of the proceedings.
• Cost Management: By resolving issues early or simplifying the matters
before trial, motion practice can reduce the costs associated with extended
litigation
• Clarifying Legal Issues
• Early Dismissal: Motions such as motions to dismiss can terminate a case
early if there are deficiencies in the lawsuit, such as lack of jurisdiction,
statute of limitations issues, or failure to state a claim upon which relief can
be granted.
• Summary Judgment: Motions for summary judgment can resolve all or part
of a case without a trial if there are no material factual disputes, allowing
the court to make a decision based on the law alone

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Role of Motion Practice in Litigation
• Evidence Management
• Excluding Evidence: Motions in limine are used to request the court to
exclude certain evidence from trial, ensuring that juries consider only the
information deemed appropriate under the rules of evidence.
• Compelling Discovery: Motions to compel can force the opposing party to
provide discovery materials that are deemed necessary for preparing a
case but have not been willingly shared.
• Determining the Course of Litigation
• Strategic Use: The strategic filing of motions can shape the litigation by
focusing on the strengths of a party's case or the weaknesses of the
opponent's position.
• Proactive Defense: Defense teams often use motion practice proactively to
challenge the legal basis of the lawsuit, limit the scope of the case, or
diminish the potential damages that might be awarded.

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Role of Motion Practice in Litigation cont.
• Influencing Outcomes
• Decisive Impact: Successful motions can decisively influence the outcome of
litigation, either by limiting the issues for trial, setting legal precedents, or terminating
a case outright.
• Negotiation Leverage: Effective motion practice can provide leverage in settlement
negotiations, as the development of the case through motions may alter each party’s
assessment of their potential success at trial.
• Protecting Rights
• Constitutional and Procedural Rights: Motions can be critical for protecting the
constitutional rights of parties, such as the right to a fair trial or protection against
unlawful searches and seizures.
• Appeal Considerations
• Creating a Record: Motion practice helps create a thorough record of the
proceedings, which is crucial if the case is appealed. Decisions on key motions can
form the basis of appealable issues.

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Influencing Case Outcomes
Motion practice significantly impacts the strategy and outcomes of
litigation, providing a toolset for attorneys to influence the direction
and results of their cases in several critical ways.
• Early Case Resolution
• Dismissal Motions: Motions to dismiss can end a case before it
progresses to more costly stages. Successfully arguing that a complaint
fails to state a claim upon which relief can be granted, or that the court
lacks jurisdiction, can save substantial resources and shift litigation
strategy.
• Summary Judgment: A motion for summary judgment can resolve all or
part of the claims without the need for a trial if it can be shown that no
genuine disputes of material fact exist and the movant is entitled to
judgment as a matter of law. This can drastically shorten the litigation
process and often leads to settlement discussions.

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Influencing Case Outcomes
• Limiting the Scope of the Trial
• Narrowing Issues: Motions can be used to limit the issues that need to be
addressed at trial. By successfully challenging the legal viability of
certain claims or defenses through pre-trial motions, an attorney can
focus the trial on the most favorable issues.
• Managing Evidence: Through motions in limine or motions to suppress,
attorneys can control what evidence is presented at trial, potentially
eliminating harmful evidence before it reaches the jury and shaping the
narrative presented in court.

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Influencing Case Outcomes cont.
• Enhancing Negotiation Leverage
• Pressure Points: Successful motion practice can put pressure on the
opposing party by demonstrating the strength of one's position or
highlighting weaknesses in the opponent's case. This often leads to more
favorable settlement terms as it reassesses the opponent's chance of
success at trial.
• Predicting Outcomes: The outcomes of significant motions can serve as a
barometer for how a judge views the strengths and weaknesses of a case,
providing insights that can guide settlement discussions.
• Cost and Time Efficiency
• Resource Allocation: Effective motion practice can make the litigation
process more efficient by eliminating unnecessary claims, defenses, or legal
arguments. This allows parties to allocate resources more effectively,
focusing time and money on the most impactful aspects of the case.
• Expedite Proceedings: By resolving certain aspects of a case early on,
motions can expedite the overall litigation process, leading to quicker
resolutions and reduced legal fees.

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Influencing Case Outcomes cont.
• Strategic Posturing
• Demonstrating Seriousness and Preparedness: Vigorous motion practice can
signal to the opposing party and to the court that a party is serious and well-
prepared, potentially influencing judicial and opposing counsel perceptions
and behaviors throughout the litigation.
• Setting Legal Precedents: In cases that involve novel legal questions, the
outcomes of motions can set precedents that affect not only the immediate
case but also future litigation in similar contexts.
• Creating a Record for Appeal
• Preserving Issues: Effective motion practice ensures that certain issues are
preserved and properly documented for potential appeals. Decisions on
crucial motions can provide a basis for appellate review, which can be
pivotal if the trial outcome is unfavorable.

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• Motion to Dismiss
Used to argue that a case should be dismissed due to lack of jurisdiction, failure to state a
claim, or other procedural reasons.
• Motion for Summary Judgment
Filed when one party believes there is no dispute to the material facts of the case and that
they are entitled to judgment as a matter of law.
• Motion for Preliminary Injunction
Temporary order that prevents the opposing party from taking a particular action until the
conclusion of the trial, to preserve the status quo and prevent irreparable harm.
• Motion to Compel
Force the opposing party to comply with a discovery request when they have failed to
respond adequately.
Overview of Key Motions in Complex Litigation

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• Motion in Limine
Certain testimony or evidence be excluded from the trial, typically because it is deemed
prejudicial, irrelevant, or otherwise inadmissible under the rules of evidence.
• Motion for Protective Order
Seeks to limit the scope of discovery to protect a party from harassment, annoyance, or
undue burden or expense.
• Motion to Amend or Modify
Allows the litigation to adapt to new facts or legal frameworks, ensuring that the issues
litigated are presented most effectively and accurately.
• Daubert Motion
Specifically used in federal court to challenge the admissibility of expert testimony under
the Daubert standard, which assesses the relevance and reliability of the expert's
methodologies.
Overview of Key Motions in Complex Litigation

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Drafting Motions
• Fundamentals
Clarity and Precision
Legal Standard: must meet specific legal standards depending on its type.
• Structure
Title and Introduction
Statement of Facts
Legal Argument
Conclusion and Relief Sought
• Persuasive Techniques
Engaging Narrative
Visual Aids
• Strategy
Timing and sequence of filing motions

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Common Pitfalls to Avoid
• Inadequate Preparation
Filing motions without sufficient factual support or legal research can lead to weak
arguments that are easily countered. Also, overly long and complex motions can
frustrate judges and clerks, burying your main points under unnecessary detail.
• Failure to Comply with Procedural Rules and Neglecting Court Preferences
Overlooking court rules regarding the formatting, filing, and timing of motions can
result in immediate dismissal or denial of the motion. Ignoring the preferences and
past rulings of the judge can lead to decisions unfavorable to your client.
• Over-argumentation
Avoid temptation to over-argue or excessively cite cases, which can dilute the main
points and frustrate the reader. Using a confrontational or disrespectful tone
towards the court or the opposing party can negatively affect the judge’s
perception of your case.
• Ignoring and Underestimating Opposing Arguments
Importance of acknowledging and refuting opposing arguments to show
comprehensive understanding and preemption of counterpoints. Assuming that
the opposing counsel will not notice flaws or will not effectively counter your motion
can lead to complacency.

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Purpose of Oral Arguments in Motion Practice
Misjudging the Importance of Oral Arguments
Relying solely on the written motion and neglecting the potential for oral arguments to sway
the judge’s opinion can result in missed opportunities. Prepare thoroughly for possible oral
arguments. Practice delivering key points succinctly and anticipate questions from the judge.
• Clarification of Legal Issues
• Purpose: Oral arguments provide an opportunity for attorneys to clarify complex legal issues presented
in their motions. This is especially crucial in cases involving intricate points of law or detailed factual
backgrounds.
• Benefit: Helps ensure that the judge understands the nuances of the case, potentially leading to a more
informed and favorable decision.
• Emphasize Key Points
• Purpose: While the written motion contains the bulk of the argument, oral arguments allow lawyers to
emphasize the most compelling aspects of their case. This can be particularly effective in drawing
attention to the strongest legal and factual elements.
• Benefit: Enhances the persuasive impact of the motion by focusing the court’s attention on the most
persuasive arguments and evidence.
• Respond to Judicial Concerns
• Purpose: Oral arguments allow the judge to ask questions directly to the attorneys, addressing any
concerns or ambiguities that may arise from the written submissions. This interactive aspect is crucial
for clearing up potential misunderstandings.
• Benefit: Increases the likelihood that the motion will be decided based on a clear understanding of the
arguments, thereby reducing the chance of an unfavorable ruling based on misinterpretation.

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Purpose of Oral Arguments in Motion Practice cont.
• Counter Opposing Arguments
• Purpose: This forum allows attorneys to directly counter the opposing party’s arguments in
real-time. Effective rebuttals during oral arguments can significantly weaken the opposing
side's position.
• Benefit: Strengthens your position by directly addressing and potentially discrediting
opposing arguments, thereby improving the chances of a successful outcome.
• Demonstrate Urgency and Importance
• Purpose: Oral arguments provide a platform to convey the urgency and importance of the
issues at stake. Attorneys can use this time to express the potential impacts and
ramifications of the court’s decision.
• Benefit: Persuades the court of the necessity of a favorable ruling and the potential
consequences of alternative decisions.
• Build a Rapport with the Judge
• Purpose: Oral arguments allow attorneys to interact directly with the judge, which can be
instrumental in building rapport and credibility.
• Benefit: A positive impression can influence the judge’s perception of the attorney’s
competence and reliability, which can be beneficial in close decisions.
• Showcase Advocacy Skills
• Purpose: They provide a stage for attorneys to showcase their advocacy skills, demonstrating
their ability to argue effectively and persuasively in a live setting.
• Benefit: Effective oral advocacy can reinforce the strength of the written motion and leave a
lasting impression on the judge, potentially swaying the outcome in favor of the attorney’s
client.

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Preparing Oral Arguments
• Practice Your Delivery
• Rehearse Out Loud
• Time Your Presentation
• Prepare Logistical Details
• Visit the Courtroom
• Organize Your Materials
• Focus on Presentation Skills
• Clarity and Confidence
• Engage the Panel
• Adaptability
• Mental and Physical Preparation
• Rest Well
• Stay Composed
• Thoroughly Understand the Case
• Study the Record
• Master the Legal Issues
•
• Prepare Your Arguments
• Outline Your Main Points
• Anticipate Counterarguments
• Review Briefs and Lower Court
Opinions
• Study Briefs
• Understand Judicial Opinions
• Anticipate Judicial Questions
• Predict Questions
• Prepare Concise Answers
• Moot Courts
• Participate in Moot Courts
• Adjust Based on Feedback

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Delivering Effective Oral Arguments
• Persuasion Techniques
• Emphasize Key Points
• Rhetorical Questions
• Use of Authorities
• Cite Appropriately
• Prepare Contrary Authorities
• Physical Presentation
• Body Language
• Voice Modulation
• Emotional Control
• Stay Calm and Composed
• Technological Preparedness
• Incorporate Technology
Wisely
• Preparation
• Know Your Material
• Practice Relentlessly
• Structure
• Introduction
• Argument Organization
• Conclusion
• Clarity and Brevity
• Be Concise
• Use Plain Language
• Engagement
• Engage with the Judges
• Eye Contact
• Dynamics and Flexibility
• Adapt to Feedback

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Handling Questions and Objections
• Use Questions to Reinforce
Your Argument
• Opportunity to Emphasize
• Bridge Back to Your Points
• Handling Objections
• Immediate Response
• Legal Grounding
• Show Confidence
• Assertive Delivery
• Professional Respect
• Prepare for Follow-Up
• Expect Follow-Up Questions
• Quick Reference Materials
• Anticipate Questions
• Practice Responses
• Listen Carefully
• Full Attention
• Clarify if Necessary
• Respond Directly
• Direct Answers
• Stay On Point
• Maintain Composure
• Calm and Controlled
• Polite Disagreement

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Technological Aids and Visuals
• Choosing Appropriate
Technology
• Presentation Software
• Document Display Software
• Effective Use of Visual Aids
• Charts and Graphs
• Timelines
• Diagrams and Schematics
• Animations
• Preparing Visuals
• Professional Design
• Relevance and Simplicity
• Integrating Visuals
Seamlessly
• Practice
• Remote Presentation Tools
• Legal and Ethical
Considerations
• Admissibility
• Disclosure
• Technology Backup Plans
• Backup Equipment
• Printed Copies
• Enhancing Presentation
Delivery
• Presenter Tools
• Engagement
• Training and Support
• Technical Support
• Training

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QUESTIONS?

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Contact Information
Call or email and I'd be happy to speak with you more in-depth or answer any questions.
Craig Hoffman
https://www.ballardspahr.com/peo
ple/attorneys/h/hoffman-craig
hoffmanc@ballardspahr.com
602.798.5437
Craig Hoffman