Adjudication - Pre-trial Flashcards
When can a P make a motion for voluntary dismissal?
Anytime, but have right to take by filing notice of dismissal before answer/motion for summary judgment served.
When is default judgment entered?
Does not respond, 21 days after service with process or 60 days from waiver if waived service. D can make a motion to set aside.
Can a summary judgment case be dismissed for failure to state claim?
Yes
What does a court look to when deciding whether a summary judgment case can be dismissed for failure to state claim?
Ignore’s P’s legal conclusions and looks at allegations of fact. Asks, if this were true, would the Plaintiff win?
What do we have to show when moving for summary judgment?
No genuine dispute of material fact. Entitlement to judgment as a matter of law.
If you show grounds for summary judgment do you get it?
No, its discretionary.
When must you move for summary judgment?
No later than 30 days after close of discovery.
When is the rule 26(f) conference?
21 days before scheduling conference.
What must be discussed at the rule 26(f) conference?
Claims, defenses, settlement, discovery plan.
What is the pre-trial conference?
Determine issues to be tried.
