Civ Pro: Adjudication Flashcards
D moves to dismiss for failure to state a claim
FRCP 12(b)(6) – tests only the sufficiency of P’s allegations. The court ignores legal conclusions –Looks only at allegations of FACT in the complaint and asks if these facts were true would P win a judgment.
In ruling on this motion, does the court look at evidence?
No– It looks at face of complaint
What if the answer is no to P winning case on face?
No sense in letting case proceed. Court might let P amend to try to state claim.
The facts must support a plausible claim–judge will use her experience and common sense to see if they do.
The same motion, if made after D has answered, has a different name, what is the name?
Motion for judgment on the pleading
Summary Judgment (Rule 56)
Must show:
- there is NO GENUINE DISPUTE on a material fact and
- That she is ENTITLED TO JUDGEMENT as a matter of law.
- move no later than 30 days of close of discovery.
- can be for partial judgment
In summary judgment, can court look at evidence?
Yes. The parties proffer the evidence usually affidavits or declarations, deposition testimony or interrogatory answers - under oath (so evidence)
Views evidence in light most favorable to non-moving party.
Summary judgment weeds out cases in which we don’t need trial. Why would we need a trial?
Resolves disputes of fact.
P hit by car driven by D. P sues D alleging D ran a red light while P was in the crosswalk and crossing the street on a green light. D answers and denies these allegations. D moves for SJ attaching sworn statements from three witnesses saying that they saw the accident. D had the green light, and that P jumped in front of D’s car. In response, P relies on his complaint. Will SJ be granted?
Yes because pleadings are NOT evidence. Based on the evidence presented there is NO dispute of fact AND D is entitled to SJ. Looked at evidence D put in (sworn statements are evidence). P didn’t give evidence.
**ONLY if pleadings are verified are they under oath. RARE.
When can pleadings be relevant during decision for SJ?.
If D failed to deny an allegation by P, it can be treated as a fact on SJ.
If instead, P responds with an affidavit from somebody who swears that he hears about the accident and was told that D ran a red light. Will SJ be granted?>
YES> This affidavit was based on hearsay– evidence MUST be first hand knowledge.
If instead, P response with deposition testimony from an alcoholic, drug addicted, convicted swindler who swears he saw the accident and that D ran a red light. Will SJ be granted>
The evidence for P is first-hand knowledge and creates a dispute on a material fact.
Evidence shows dispute of material fact. Don’t judge credibility here.
Suppose P responds with affidavit but there is an authenticated videotape of the accident scene completely discredits P’s version of the facts. What result?
The court can ignore P’s affidavit and grant SJ.
Rule 26(f) Conference
Unless court says otherwise, at least 21 days before scheduling conference, parties discuss claims, defenses, and settlement. Must form discovery plan, including issues about how electronically stored information will be produced, and present it to court in writing within 14 days.
Scheduling Order
Unless local rule or court order says otherwise, the court enters an order scheduling cut-off’s for joinder, amendment, motions, etc.
Pretrial Conferences
The court may hold these to process the case and foster settlement. Final pretrial conference determines issues to be tried and evidence to be proffered. This is recorded in a pretrial conference order, which supersedes the pleadings.
Final pretrial conference order is important–> roadmap of issues to be tried, evidence to be presented at trial, witnesses, etc. So there are NO surprises at trial.
