Adjudication Without Trial or by Special Proceeding Flashcards
Chapter 12
What is Summary Judgment?
FRCP 56
A party may move for summary judgment, identifying each claim or defense-or part of each claim or defense-on which summary judgment is sought.
When does the court grant Summary Judgment?
FRCP 56
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
The court should state on the record the reasons for granting or denying the motion
What does the motion for summary judgment test?
FRCP 56
This motion tests whether facts are in dispute and so a trial is needed to resolve them
Basically, a means of avoiding full-dress trials in unwinnable cases, thereby frees courts to utilize scarce judicial resources in more beneficial ways
What is material in a summary judgment?
Material is determined by the substantive law that governs the claim.
Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment
What does the burden of production entail?
This burden is usually placed on the plaintiff where they are responsible for “producing” a certain threshold amount of evidence to raise a claim
One has met the burden of production if the party has produced enough evidence for a reasonable jury to decide in its favor
Defendant must meet the burden of production in respect to affirmative defenses
What does the burden of persuasion entail?
Each party will try to persuade the trier of fact that its evidence is more weighty than the other’s
If the jury is not persuaded that plaintiff’s evidence is sufficiently reliable or credible, the defendant must prevail
What does a summary judgment mandate?
FRCP 56(c)
This rule mandates summary judgment must be entered, after adequate time for discovery and upon motion, against a party who failed to show sufficient evidence to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial
Celotex Corp. v. Catrett
What does the court have the power to do in regard to summary judgment?
FRCP 56(f)
The court has power to expressly recognize the court’s power to grand summary judgment sua sponte-independent of any motion by a party- “after giving notice and a time to respond.”
When are you allowed to file for summary judgment?
FRCP 56(b)
This rule permits the filings of a summary judgment motion “until 30 days after the close of discovery,” unnless another time is ordered by the court or specified by local rule
A motion for summary judgment may be filed before defendant has filed an answer or before discovery has commenced or completed
How does a summary judgment motion safeguard nonmovants?
FRCP 56(d)
This rule provides safeguards for a nonmovant who requires additional time to marshal facts in opposition to a summary judgment motion
What is a voluntary dismissal by the plaintiff without a court order?
FRCP 41(a)(1)
Without a court order, the plaintiff may dismiss an action without a court order buy filing:
(1) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(2) a stipulation of dismissal signed by all the parties who have appeared.
This dismissal is without prejudice
What is a voluntary dismissal by plaintiff with court order?
FRCP 41(a)(2)
By court order, an action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.
If a defendant has pleaded a counterclaim before being served with the plaintiff’s motion to dismiss, the action may be dismissed over the defendant’s objection only if the counterclaim can remain pending for independent adjudication
This dismissal is without prejudice
What is an involuntary dismissal?
FRCP 41(b)
If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.
Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule-except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19-operates as an adjudication on the merits.
What is a default judgment?
FRCP 55
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default
