Adjudication without Trial (Part IX)

Question 1

If a Defendant fails to file a responsive pleading in Circuit Court within 21 days of service, then

Answer 1

the party will be considered to be in default.

Question 2

The effect on a Defendant in default in a Circuit Court case is:

Answer 2

(i) Defendant waives right to a jury;
(ii) Defendant waives right to notice of further proceedings;
(iii) judgment is entered against Defendant on issue of liability (but Defendant may present evidence on issue of damages).

Question 3

In General District Court, if a Defendant fails to appear, then:

Answer 3

(i) Defendant waives all objections to admissibility of evidence;
(ii) Defendant is not entitled to notice of further proceedings; and
(iii) the court will enter judgment against Defendant (although Defendant may present evidence on damages).

Question 4

In General District Court, if a Plaintiff fails to appear, then:

Answer 4

(i) If neither P nor D appears = dismissed without prejudice.

(ii) If D appears on the return date (1st docket date) and P does not = dismissed without prejudice.

(iii) If D appears for trial but P does not and D admits liability = dismissed without prejudice.

(iv) If D appears for trial but P does not and D denies liability = judgment for D with prejudice to P’s right to refile.

Question 5

A motion for summary judgment can be made by either party at

Answer 5

any time after responsive pleadings have been filed.

Question 6

In a motion for summary judgment, the burden is on the moving party to establish

Answer 6

that there is no material fact that is genuinely in dispute.

Question 7

In ruling on a motion for summary judgment, a court can consider all:

Answer 7

(i) pleadings;
(ii) pre-trial orders;
(iii) admissions;
(iv) interrogatories; and
(v) documents produced through discovery.

Question 8

A court may only rely on a deposition in ruling on a motion for summary judgment if one of the following exceptions apply:

Answer 8

(i) all parties to the action agree;
(ii) the action is only between business entities and the amount at issue is $50,000 or more; or
(iii) Plaintiff is seeking punitive damages.