adjudication w/o trial Flashcards
default?
D properly served but failed to respond w/n 21 days
what happens to D if he defaults
waives jury trial
cannot contest liability
no notice for further proceedings
what can D still contest after default
damages
how can D still participate in trial for damages even after a default judgment?
objection to P evidence
introduce own evidence
can P still recover from a default judgment D even if P was contributorily negligent?
yes
default J = P may recover regarding liability
what if default judgment was recorded but not entered?
motion for relief from default
what if default judgment is recorded and entered?
motion for relief from default judgment
court has 21 days to mod, vacate, or suspend
what motion after 21 days from default judgment entered?
motion to set aside default verdict
fraud on court
first nonsuit
as of right
dismissal w/o prejudice
2nd nonsuit
need leave of court or consent of opposing party
when can P nonsuit
before motion to strike is sustained
before case submitted to jury/court
what is the venue if P refiles?
same venue
SOL for nonsuit
6 months or remainder of SOL for claim
summary judgment definition
no reasonable dispute of material fact
in light most favorable to nonmovant, no reasonable jury could find for the nonmovant
what kind of EV can movant normally only use for summary judgment
documents and discovery
