Early dismissals and their standards
The motion to dismiss under Rule 12(b)(6) arrives before or with the answer, targeting the legal sufficiency of the complaint. The court must accept all well-pleaded factual allegations as true and ask whether the complaint states a plausible claim. A motion for judgment on the pleadings similarly tests the legal theory after the answer is filed, using only the complaint and answer documents.
A motion in limine, filed before or during trial, seeks to exclude evidence as unfairly prejudicial, confusing, or violating the rules of evidence. Unlike motions to dismiss, these are tactical tools to shape what the jury sees and prevent inflammatory testimony from poisoning the verdict.
Summary judgment and post-trial remedies
Summary judgment is filed after discovery closes and asks the judge to decide the case because no reasonable jury could find in the nonmoving party's favor given the evidence. The moving party bears the initial burden of showing the absence of a material factual dispute, after which the nonmoving party must produce specific evidence creating a genuine issue. Courts apply high scrutiny here; summary judgment is not a tool for credibility determinations.
A judgment notwithstanding the verdict (JNOV) is filed within days of the jury verdict and asks the judge to overturn it on the grounds that the evidence was legally insufficient to support the verdict. Courts grant JNOV rarely, only when the verdict is irrational or unsupported by any competent evidence. Most verdicts, even unexpected ones, survive this motion.