Adjudication Without Trial Flashcards
Temporary Restraining Order
Can a TRO be issued without notice to the other party?
Yes.
Ex Parte TRO can be granted at the court’s discretion IF moving party:
* Gives specific facts in affidavit/verified complaint that show immediate and irreparable injury will result to moving party
* Certifies in writing the efforts she made to give notice OR why notice shouldn’t be required
* Provides bond/security for costs/damages incurred by adverse party IF it’s wrongfully enjoined/restrained
US/officers/agencies not required to create bond
Default
Entry of Default
Court Clerk - can sign and enter judgment for amount set forth in plaintiff’s affidavit IF:
* P’s claim is for a certain sum (damages requested can’t be greater than amount requested in complaint)
* Default occurred bc D failed to appear
* D is not infant or incompetent
NO notice to D is required.
NO requirement that D’s failure to appear be in bad faith
When does an action “commence” for statute of limitations purposes?
Federal question cases: when complaint is filed with court
Diversity cases: use state rule for determining when action is commenced (either when complaint is filed or process is served on opposing party)
When can motion for a new trial be filed?
Within 28 days after judgment was entered
When is motion for summary judgment filed?
Before trial begins
When can you file renewed motion for judgment as a matter of law?
Within 28 days of entry of judgment but ONLY IF party making motion moved for JMOL during the trial
JMOL = JNOV (judgment notwithstanding the verdict)
When can motion for JMOL be filed?
Before submitting case to jury, but AFTER the nonmoving party has been heard on the issue.
Moving party must specify in motion the judgment sought + law/facts on which party is entitled to judgment.
What is a ground for relief from judgment for which motion must be made within reasonable time not exceeding one year?
Newly discovered evidence that by due diligence could not have been discovered in time to move for a new trial.
What is a ground for relief from judgment for which motion must be made within reasonable time?
Judgment is void
Judgment has been satisfied
Judgment has been reversed
In diversity case, what law can federal trial courts apply when considering motion for new trial based on excessiveness of the verdict?
State law standard
When will a court grant a motion for summary judgment?
If, from the pleadings, affidavits, and discovery materials, it appears that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law
If there is a genuinely disputed material fact, case MUST go to trial
* Court does not weigh credibility of witness/strength of evidence in determining this
