Learn how pretrial motions like dismissal and summary judgment can pressure your opponent into settling. Legal Husk shares effective litigation tactics that promote early resolution.
Using Pretrial Motions to Pressure Opponents into Settlement
Introduction
Litigation is expensive, risky, and emotionally draining—for both plaintiffs and defendants. That’s why most civil lawsuits never go to trial. Instead, they settle. But how do you get your opponent to the negotiating table?
One of the most effective strategies is using pretrial motions—especially motions to dismiss and motions for summary judgment—to create legal and financial pressure that encourages settlement. These motions serve not only to win cases outright but also to shift the power dynamic.
In this article, Legal Husk explores how and why pretrial motions can push the other side to resolve a case before trial.
How Pretrial Motions Influence Settlement Talks
Pretrial motions allow you to:
The result? Your opponent starts rethinking the value—and cost—of continuing.
Motion to Dismiss: Early Signal of Strength
How It Works:
Filed at the beginning of the lawsuit, a motion to dismiss attacks the legal sufficiency of the complaint.
How It Pressures the Opponent:
Even if not fully granted, a successful dismissal of some claims narrows the case—and your opponent’s leverage.
Motion for Summary Judgment: Turning Up the Heat
How It Works:
Filed after discovery, a motion for summary judgment argues there are no material facts in dispute and you deserve to win as a matter of law.
How It Pressures the Opponent:
A strong summary judgment motion can lead to a "walk-away" settlement or favorable terms simply because the opponent sees they’re unlikely to win.
Case Example: Summary Judgment Leads to Favorable Settlement
A contractor was sued for breach of contract. Legal Husk reviewed the documents and found the contract was fulfilled in full. After discovery, we filed a summary judgment motion with payment records and signed delivery receipts.
Result: The plaintiff offered to settle for zero dollars to avoid the risk of court dismissal and possible legal fees.
Other Pretrial Motions That Increase Settlement Pressure
Each motion serves as a pressure point.
Psychological Impact on Opposing Counsel
Opposing parties and attorneys feel pressure when:
A well-timed motion creates doubt, and doubt drives settlement.
Best Practices for Motion-Based Settlement Strategy
1. File Early and Strategically
o Don’t wait until trial looms. Shape the case early with dismissal motions.
2. Follow Up With Evidence
o Use discovery to gather documents that support summary judgment.
3. Keep Communications Open
o Make clear that you’re open to resolution—but also ready to win in court.
4. Leverage Partial Wins
o Even if the full case survives, partial wins shift leverage in your favor.
5. Build a Record
o Every motion lays groundwork for appeal or trial credibility.
How Legal Husk Helps You Pressure Opponents with Motions
At Legal Husk, we:
📌 Explore our litigation tools at:
Final Thoughts
Settlement isn’t just about negotiation—it’s about pressure. A well-executed motion to dismiss or motion for summary judgment creates legal, financial, and emotional pressure that makes opponents rethink trial.
📩 Want to build motion-driven leverage for your lawsuit? Contact Legal Husk and let us craft the strategy that puts you in control of the outcome.
Whether you are dealing with a complex family matter, facing criminal charges, or navigating the intricacies of business law, our mission is to provide you with comprehensive, compassionate, and expert legal guidance.
