9.21 - 3. Importance Of Pretrial Motions And Interlocutory Appeals

• Jurisdiction: New York

3. Importance of Pretrial Motions and Interlocutory Appeals

Strategy and farsightedness at the pretrial stage are important. As noted, “pretrial motions are important cogs in the preservation of error for appellate review.”²¹¹⁴ Therefore, the failure to make certain pretrial motions may have as much impact on the action as making, and subsequently succeeding on, a pretrial motion.

In contemplating a pretrial motion, assess the trial court’s disposition and how that disposition will affect the action’s posture. Some dispositions require little strategic thinking—for example, an order dismissing your entire complaint. However, other judgments and orders will require a more comprehensive...