What is a pre-emptive motion?

[kevindell]

I have read references on this forum about judges imposing pre-emptive motions. What does this mean?

[Tayken]

Originally Posted by kevindell

I have read references on this forum about judges imposing pre-emptive motions. What does this mean?

It is preemptive on both parties. Basically, both parties have to submit their affidavit materials at the same time and respond at the same time. It is not the traditional Applicant writes affidavit, respondent responds and then applicant responds cycle.

Basically it is both parties exchange affidavit material on the same day... Then they each respond. Basically, it is often done to divide the arguments and see who the reasonable party is.

It gets everything on the table at once. You never know what argument either party is going to throw and it puts both parties on an equal ground.

Draws out lots of cogent evidence generally.

Good Luck!
Tayken