Civ Pro Times Flashcards
Demand for Jury
Made within 14 days after service of the last pleading
Objection to Jury instruction
Before jury retired or waived for appeal
Dismiss for Lack of Subject Matter Jdxn Motion
Raised anytime
Lack of personal jdxn
Include in answer or 12b motion if not waived
Improper venue
Waived if not included in Answer or 12B motion (attacking complaint)
Insufficient service of process
Waived if not included in answer / 12b motion attacking complaint
Motion to dismiss for failure to join a party
May be raised before or at trial
Motion to dismiss for failure to state a claim
May be raised before or at trial
Motion to strike
Within 21 days of service
(Before responding to a pleading)
- redundant, immaterial, or scandalous material
Motion for more definitive statement
Before responding to a pleading
- vague or ambiguous
Motion for Summary Judgment
Filed until 30 days after discovery close
- denial not appealable
- no genuine dispute of material fact
Renewed motion for judgment as matter of law
Filed within 28 days after verdict
- must be filed prior Judgment as Matter if Law (JMOL)
- judge May overturn verdict
Judgment as Matter of Law [Direct Verdict]
After opponent had presented case but before case submitted to jury
Motion for Relief from Judgment
Clerical error, oversight, or mistake
Motion for New Trial
No later than 28 days after entry of judgment
- error would have caused different outcome
- erroneous admitted/excluded evidence
- improper conduct by party, witness, lawyer, or jury
- verdict against clear weight of evidence
