Chapter 7 - Motion Practice - Terminology

Question 1

a written statement by a witness made under oath and acknowledged by a notary public

Answer 1

affidavit

Question 2

the combining of two trials or hearings into one

Answer 2

consolidation

Question 3

a failure of a party to respond to the pleadings of the opposing party. Usually the DEF.

Answer 3

default

Question 4

method of terminating a claim when the PLT or other claimant has been guilty of misconduct or inaction

Answer 4

involuntary dismissal

Question 5

a judgment entered after the pleadings have been filed, but before trial, when the undisputed facts as pled show that the movant is entitled to judgment. SImilar to a motion to dismiss.

Answer 5

judgment on the pleadings

Question 6

judgment granted as to fewer than all counts or on one of several issues within a count

Answer 6

partial summary judgment

Question 7

demonstration by a PLT at a motion for default hearing that service on the defaulting party was proper and that allegations of the complaint are true. PLT also must be prepared to show what the proper damages are

Answer 7

prove up

Question 8

a judgment rendered by the court before a trial. A motion brought by one party to the litigation against another in order to obtain a judgment without the necessity of a trial. May be granted only if there are no triable issues of fact. Court’s judgment must be based solely on issues of law.

Answer 8

summary judgment

Question 9

a withdrawal of a claim by the party originally asserting the claim

Answer 9

voluntary dismissal

Question 10

one dismissed, the claim may not be refiled

Answer 10

with prejudice

Question 11

once dismissed, the claim may be filed again

Answer 11

without prejudice