As a litigation attorney, having an insight into how a particular judge tends to rule on motions is always an advantage. Gaining this insight can provide the attorney with the information necessary to present the case strategy to the client, and also in how to proceed with the specific California judge in the case.
In the past, the only way that lawyers and law firms had access to this information was through actual experience, talking to other attorneys or completing lengthy searches of records. Today, thanks to companies providing motion analytics, this process is fast, easy, and simply requires a few clicks of a mouse.
The majority of the companies providing motion analytics are operated by past litigators in conjunction with IT specialists and AI (Artificial Intelligence) program developers. These companies have created algorithms that search through the massive amounts of data produced by a court and a judge over decades, clearly showing trends and potential biases a judge may have with regards to specific rulings, motions, and arguments.
What to Look For in a Report
Not all companies offering motion analytics for judges offer the same refinement of the information provided. For attorneys in California, working with a system that focuses in on judges in the state and pulls information on specific types of motions, summary judgments, and even demurrers is essential as part of preparation.
It is beneficial to have a report that is fully searchable. This includes easy search capacity for the type of motion and the filing party. Additionally, the report should compare the judge for the case against the average motion rulings throughout the state, giving the attorney a complete understanding of how the judge rules. It also compares the judge to how other judges rule on most cases, or if he or she could be considered an outlier in how motions are handled.
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