Adjudication Without Trial

Question 1

Voluntary Dismissal

Answer 1

A plaintiff may voluntarily dismiss the case without a court order before the defendant serves an answer or motion for summary judgment, by stipulation of dismissal signed by all parties, or by permission of the court. The first voluntary dismissal is without prejudice and the second voluntary dismissal is with prejudice.

Question 2

Involuntary Dismissals

Answer 2

If a plaintiff fails to prosecute the case or refuses to comply with a court order, the defendant can move to dismiss the case without prejudice.

Question 3

Temporary Restraining Orders (TROs)

Answer 3

A temporary restraining order may be granted by a court when it is necessary to prevent irreparable injury to a party, and the injury will result before a preliminary injunction can be held. Notice of the hearing for the issuance of the order must be given before it is issued. A temporary restraining order expires 14 days after issuance but can be extended for good cause shown.

Question 5

Preliminary Injunctions

Answer 5

Preliminary injunctions are requests for relief from the court requiring that the defendant either do something or refrain from doing something. Preliminary injunctions require notice to the adverse party and the court must consider the likelihood of success on the merits, irreparable harm, balance of hardships, public interest, and the payment of security.

Question 6

Default Judgments

Answer 6

A defendant must file an answer within 21 days (60 days if service was waived) to avoid a default judgment entry. The entry of default must be entered by the clerk. After an entry of default has been entered, the defendant’s right to respond is cut off. When a default has been entered, an entry of default judgment can be entered. If the claim is “sum certain” and plaintiff makes the request for a default judgment, the clerk can enter a default judgment. If the clerk is unable to enter a default judgment, the plaintiff must request entry by the court. Entry by the court requires the judge to either holding a hearing to calculate damages or if defendant previously appeared, but failed to appear later, the court can issue a default judgment only if defendant is served with written notice of application for default 7 days before the hearing.

Question 7

Motion for Summary Judgment

Answer 7

A party moving for summary judgment must show that there is no genuine dispute as to a material fact and they are entitled to judgment as a matter of law. A motion for summary judgment must be filed within 30 days after close of discovery.