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Courses/Litigation, Trial & Dispute Resolution/Litigation

Win Before You Walk In: Mastering Pre-Trial Tactics - Part 5: Motion Practice to Move Your Case

Use strategic motion practice to force settlements and gain leverage before your case ever reaches a jury.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Sep 30, 2026
Win Before You Walk In: Mastering Pre-Trial Tactics - Part 5: Motion Practice to Move Your Case

What You'll Learn

check_circleApply strategic timing to file summary judgment motions effectively
check_circleAnalyze the requirements for submitting evidence in admissible form
check_circleEvaluate the use of motions to preclude unreliable expert testimony
check_circleConstruct effective discovery motions to overcome adversary roadblocks
check_circleAssess the impact of statutory interest on settlement negotiations

About This Course

Join us for part five of this five-part series on the skills you need to win your case before you even step into the courtroom. Andrew Smiley will discuss everything you need to know about motion practice to move your case.

The course provides a strategic framework for using motion practice as a primary tool to resolve personal injury, medical malpractice, and wrongful death cases before trial. It covers the tactical use of summary judgment, motions to preclude expert testimony, and discovery motions to narrow issues, eliminate defense arguments, and increase case value. The material emphasizes the importance of understanding court rules, timing, and the use of admissible evidence to create leverage that compels adversaries to negotiate. Participants will learn how to transition from a static case posture to an offensive strategy that forces activity and settlement discussions.

Topics Covered:

  • Strategic timing of summary judgment motions
  • Procedural requirements for admissible evidence
  • Preclusion of expert testimony and biomechanical reports
  • Discovery motions to compel information
  • Statutory interest benefits in liability judgments
  • Use of attorney affirmations and statements of facts
  • Management of motion deadlines and court rules
  • Strategic use of motions in limine

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Andrew  J. Smiley Esq.
Andrew J. Smiley Esq.

Managing Partner at Smiley & Smiley, LLP

Andrew J. Smiley is the managing partner and senior trial attorney at Smiley & Smiley, LLP, a New York City-based personal injury law firm. Since joining the firm in 1996, he has secured significant verdicts and settlements in personal injury, medical malpractice, and wrongful death cases. Admitted to practice in New York State Courts and various U.S. District Courts since 1997, Mr. Smiley has been recognized as a New York Super Lawyer from 2010 to 2023. He has held leadership roles, including President of the New York State Academy of Trial Lawyers and Chairman of the Board of Governors for the New York City Trial Lawyers Alliance. Beyond his legal practice, Mr. Smiley founded and hosts "The Mentor Esq." podcast and authored "How to Successfully Litigate a Personal Injury Case – A Practical Guide." He earned his J.D. from Brooklyn Law School and his B.A. in Psychology from Tulane University.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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