9.20 - 2. Strategies To Preserve An Issue Or Argument At The Pretrial Stage

• Jurisdiction: New York

2. Strategies to Preserve an Issue or Argument at the Pretrial Stage

Carefully consider whether a court’s decision on a pretrial motion could be dispositive, either by granting judgment for or against you or by practically impeding your ability to pursue the case.²¹¹² As with every stage of an action, think beyond the motion at hand. Also, consider other motions you could join with the present one, or consider making a cross-motion on some related or different point in response to your adversary’s motion.²...