Learn why filing pretrial motions like dismissal or summary judgment before discovery can save time and money. Legal Husk explains the client benefits of strategic early motion practice.

Why Clients Should Consider Pretrial Motions Before Entering Discovery

Introduction

Litigation can be expensive, stressful, and time-consuming. But what many clients don’t realize is that not every lawsuit has to go the full distance. Through strategic use of pretrial motions, such as motions to dismiss and motions for summary judgment, parties can often resolve legal disputes early—sometimes before discovery even begins.

At Legal Husk, we help clients understand the value of early motion practice. In this article, we explain why filing pretrial motions before entering the discovery phase isn’t just good legal strategy—it’s often the smartest financial decision a client can make.

Understanding the Cost of Discovery

What Is Discovery?

Discovery is the phase where both parties exchange information:

• Interrogatories (written questions)
• Requests for production (documents)
• Depositions (live testimony)
• Expert disclosures and witness lists

Why Discovery Is So Costly

• Time-consuming responses and reviews
• Legal fees for drafting and responding
• Expert fees and court reporter expenses
• Motion practice to resolve disputes

Typical Discovery Costs

• Small case: $5,000 – $20,000
• Medium case: $20,000 – $100,000
• Complex case: $100,000+

Strategic Insight: If a case can be resolved before this phase, the savings can be significant.

What Are Pretrial Motions?

Motion to Dismiss (Rule 12(b)(6))

• Filed early, often before the defendant answers
• Argues that the complaint fails to state a claim under the law
• Does not require evidence—based only on the complaint

Motion for Summary Judgment (Rule 56)

• Filed after initial disclosures or limited discovery
• Argues that there’s no genuine dispute of material fact
• Requires supporting evidence, such as affidavits or contracts

Both motions aim to end the case without trial, saving clients months of litigation.

Benefits of Filing Pretrial Motions Early

1. Save Substantial Legal Fees

• Avoid thousands of dollars in discovery costs
• Reduce attorney time on unnecessary claims

2. Apply Legal Pressure

• Filing a motion sends a clear signal to the other side that your defense is strong
• Can lead to faster settlements or withdrawals

3. Shorten the Timeline

• Motions can resolve the case in months instead of years
• Early dismissal means faster closure

4. Control the Case Narrative

• Motions allow you to frame the legal issues early
• Helps shift the burden to the plaintiff

5. Clarify What’s Really at Stake

• Even if a motion is only partially successful, it narrows the issues
• Clients know what to expect moving forward

When Should Clients Ask About Pretrial Motions?

Clients should ask their legal team about pretrial motions:

• After being served with a lawsuit
• If they believe the case is frivolous or overstated
• When key defenses are based on documents or legal principles

Red Flags That Suggest Pretrial Motions May Work:

• The complaint is vague, conclusory, or missing details
• You have clear written evidence (emails, contracts, disclaimers)
• The statute of limitations may have expired

Common Misconceptions Clients Have

“It’s Better to Just Answer and Move On”

Not always—answering without challenging the complaint may waive key defenses and invite full discovery.

“Motions Are Expensive and Don’t Work”

A well-targeted motion can cost far less than discovery—and has a real chance of success, especially with expert drafting.

“It’s Too Early to File Anything”

Pretrial motions are specifically designed for early intervention—before discovery wastes time and money.

How Legal Husk Helps Clients Use Pretrial Motions Wisely

At Legal Husk, we:

• Review the complaint to identify legal flaws
• Draft custom motions to dismiss or for summary judgment
• Help build evidentiary support if needed
• Offer flat-fee pricing for transparency and affordability

📌 Learn more:

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

Final Thoughts

Before diving into costly litigation and complex discovery, clients should explore whether a pretrial motion can resolve their case faster and cheaper. With Legal Husk’s expertise in strategic motion drafting, you don’t have to wait for the courtroom to take control of your case.

📩 Want to end your case early and avoid discovery headaches? Contact Legal Husk and let us evaluate whether a motion to dismiss or summary judgment is right for you.