The pleadings may disclose issues of law that can be resolved by motion to dismiss, to strike, or for judgment on the pleadings. Challenges to the court's personal or subject matter jurisdiction should generally be given priority, since they are dispositive. The legal insufficiency of a claim or defense may be raised by motion for failure to state a claim or for partial judgment on the pleadings. If the court considers evidence in connection with such a motion, the motion must be treated as one for summary judgment. The court may also provide for appellate review by entering final judgment as to a particular claim or party under Fed.
Motion practice can be a source of substantial cost and delay unless appropriately managed.
Some courts have found prefiling conferences useful in avoiding useless or unnecessary motions. Some motions can be decided on the basis of oral presentations and reference to controlling authority, without the filing of briefs. The court may limit the length of briefs and of appendices, affidavits, declarations, and other supporting materials, and require joint briefs whenever feasible. The court may limit the filing of reply or supplemental briefs, or motions for reconsideration, requiring leave of court for good cause shown. Some courts issue tentative rulings on motions in advance of the motion hearing.