Learn what happens if your motion to dismiss and motion for summary judgment are both denied. Legal Husk explains next steps and how to prepare for trial or settlement after pretrial setbacks.

What Happens If Both Motions Are Denied? Next Steps in Litigation

Introduction

You've filed a motion to dismiss, hoping to end the lawsuit early. It gets denied. Later, you follow up with a motion for summary judgment, armed with evidence and legal argument—only to have that denied too. Now what?

While this scenario might feel like a setback, it doesn’t mean your case is lost. It just means the court believes there’s a factual or legal dispute worth resolving at trial. In this article, Legal Husk breaks down what happens when both motions are denied and what smart litigants should do next.

Why Motions Get Denied

1. Motion to Dismiss

A motion to dismiss is denied if the court finds the complaint states a plausible legal claim—even if it may be weak.

2. Motion for Summary Judgment

This motion is denied when the court finds that a genuine dispute of material fact exists. In other words, a jury (not the judge) must weigh the evidence and decide.

Denials are not uncommon and don’t necessarily indicate you’ll lose at trial—they simply shift the case into its final, most important phase.

What Happens Next: Trial Preparation Begins

Once both motions are denied, your case is officially on the path to trial.

1. Pretrial Conference

• The court will typically schedule a pretrial hearing to set deadlines for trial
• Issues like jury instructions, witness lists, and admissibility of evidence are addressed

2. Motions in Limine

• These are filed to exclude certain evidence or testimony before trial begins
• Even if your earlier motions were denied, you can still limit your opponent’s case through these strategic filings

3. Settlement Discussions May Resume

• Many cases settle even after motions are denied
• A denial can put pressure on both parties to avoid the expense and unpredictability of trial

4. Final Trial Preparation

• Create and exchange witness and exhibit lists
• Conduct mock examinations or test arguments
• Prepare cross-examinations, opening statements, and closing arguments

What Denials Don’t Mean

• They don’t mean the case is hopeless. Many defendants still win at trial.
• They don’t mean the judge favors the plaintiff. The court is simply preserving the right to a jury trial on factual disputes.
• They don’t mean your motions were wrong. The judge may agree with your analysis but still believe a jury should decide.

Tactical Advantages After Denial

Even if your motions fail, you’ve still:

• Clarified the legal and factual issues in the case
• Tested the strength of the opposing case and seen how they argue
• Narrowed the scope of trial (especially if some claims were dismissed or weakened)

Appealing the Denials

In most cases, denials of motions to dismiss and summary judgment cannot be immediately appealed. These are considered interlocutory orders, meaning they don’t end the case.

You must usually wait until after trial to raise these issues on appeal, unless your case fits into a narrow exception (e.g., immunity defenses).

How to Strengthen Your Case Post-Denial

• Refine your trial strategy using insights from the judge’s ruling
• Bolster your evidence with additional witnesses or documents
• Use the denial as a tool in settlement discussions
• Consider expert testimony to support your theory of the case

How Legal Husk Helps After Motion Denials

At Legal Husk, we don’t stop at pretrial motions—we support our clients all the way through trial preparation and beyond:

• Analyze court rulings to fine-tune your litigation strategy
• Draft pretrial briefs, motions in limine, and witness outlines
• Assist with jury instructions and verdict forms
• Help prepare cross-examinations and trial exhibits

📌 Prepare your next move with:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Having both your motion to dismiss and motion for summary judgment denied doesn’t end your chance of success. It simply means your case moves into its next phase—one where preparation, focus, and smart trial strategy matter most. With Legal Husk at your side, you can move forward with confidence.

📩 Facing trial after a denied motion? Let Legal Husk help you build your trial plan. Visit Legal Husk today to take the next step in winning your case.