Dispositive motions play a crucial role in litigation by determining whether a case proceeds to trial or is dismissed beforehand. On Let’s Talk Legal, attorney Wes Collins of Harvell & Collins explained the strategic use of dispositive motions, including Rule 12(b) motions and summary judgment, and shared real-world case examples demonstrating their impact.

What Are Dispositive Motions?

Dispositive motions allow attorneys to argue that a case should be resolved without a full trial, potentially saving time and legal expenses. They can be procedural or substantive, depending on the legal grounds for dismissal.

Types of Dispositive Motions

1. Rule 12(b) Motions – These motions challenge procedural defects in a lawsuit, such as:

   • Lack of jurisdiction (court does not have authority over the case).
   • Failure to join a necessary party (someone essential to the case is missing).
   • Failure to state a claim (12(b)(6)), meaning the complaint does not present a legally valid cause of action.

2. Summary Judgment (Rule 56) – Unlike 12(b) motions, summary judgment considers evidence beyond the pleadings to determine whether a trial is necessary. If no genuine dispute of material fact exists, the court may resolve the case before trial.

Case Example: Challenging Power of Attorney

Wes Collins shared a real case involving a mother, daughter, and son:

• The son challenged a power of attorney, alleging his mother lacked the capacity to sign it and was under undue influence.
• Wes, representing the mother and daughter, argued that the son lacked standing to bring the lawsuit.
• Legal outcome: The son could only challenge the power of attorney if he was first appointed as his mother’s guardian or after her passing if he was a beneficiary under her estate.

Legal Precedents & Supreme Court Cases

The discussion referenced Horry v. Woodbury and Olshner, two cases clarifying beneficiary rights in estate disputes. Additionally, the 2021 Supreme Court case, Cummings, was highlighted for its impact on buyer responsibilities in real estate transactions.

Real Estate Disclosures & Buyer Beware

The residential property disclosure statement is a critical document in real estate transactions, reinforcing the caveat emptor (buyer beware) principle. A case was discussed where clients discovered costly undisclosed defects after purchasing a home, leading to significant repair expenses.

Legal Strategy & Preparation for Dispositive Motions

Winning dispositive motions requires extensive preparation, including:

• Understanding case law to craft strong legal arguments.
• Gathering evidence to support summary judgment motions.
• Managing time constraints effectively in court.

Why Dispositive Motions Matter

For litigants, dispositive motions can end cases early, reducing legal costs and uncertainty. For attorneys, they serve as a key tool in litigation strategy, requiring meticulous preparation and knowledge of legal precedents.