Civil Procedure _ Motions

Question 1

12(b) Motion:

MOTIONS

Answer 1

• Defendant is attacking the complaint

Question 2

Lack of Subject Matter Jurisdiction:

MOTIONS

Answer 2

• Can be raised ANYTIME

Question 3

Waived if not included in Answer/12(b) Motion:

MOTIONS

Answer 3

• Lack of Personal Jurisdiction
• Improper Venue
• Insufficient Service of Process

Question 4

Failure to Join a Party:

Non-waivable| MOTIONS

Answer 4

• May be raised before or at trial

Question 5

Failure to State a Claim: (4)

Non-waivable| MOTIONS

Answer 5

• Even if the facts are true, there is no recovery
• Insufficient facts
• Dismissal with prejudice
• May be raised before or at trial

Question 6

Motion to Strike: (3)

MOTIONS

Answer 6

• Before responding to a pleading
• Within 21 days of service
• For redundant, immaterial, or scandalous material

Question 7

Motion for a More Definitive Statement: (2)

MOTIONS

Answer 7

• Before responding to a pleading
• Pleading is vague or ambiguous

Question 8

Motion for Summary Judgment: (5)

MOTIONS

Answer 8

• No genuine dispute of material fact
• Filed until 30 days after discovery close
• Denial not appealable
• Burden on moving party
• Partial judgment allowed

Question 9

Affidavits:

MOTIONS

Answer 9

• Must be based on personal knowledge

Question 10

Judgment as a Matter of Law – Directed Verdict (2)

MOTIONS

Answer 10

* Raised by defendant* after plaintiff’s case*
* Raised by either party at the close of evidence

Question 11

JMOL Standard (2)

MOTIONS

Answer 11

• A reasonable jury would not have a legally sufficient evidentiary basis to find for non-moving party
• Evidence viewed in light most favorable to non-moving party

Question 12

Renewed Motion for Judgment as a Matter of Law (3)

MOTIONS

Answer 12

• Must have filed a prior JMOL
• Filed within 28 days after verdict
• Judge may overturn verdict

Question 13

Motion for Relief from Judgment: (2)

MOTIONS

Answer 13

• Clerical error, oversight, or mistake
• Fraud or misconduct by the other party

Question 14

Motion for a New Trial (4)

MOTIONS

Answer 14

• Error would have caused different outcome
• Judge erroneously admitted or excluded evidence
• Improper conduct by party, witness, lawyer, or jury
• Verdict is against clear weight of the evidence

Question 15

Remittitur (2)

MOTIONS

Answer 15

• New trial for excessive damages
• Unless the party agrees to reduction of award

Question 16

Additur

MOTIONS

Answer 16

• No Additur in Federal Court

Cannot grant a request for increase, the court can only reduce.

Question 17

Newly Discovered Evidence (3)

MOTIONS

Answer 17

1) Evidence was discovered after trial
2) Party was reasonably diligent in searching before/during trial
3) Evidence was material

Question 18

Timing for:

• Lack of Subject Matter Jurisdiction

MOTIONS

Answer 18

Anytime

Question 19

Timing for:

• Lack of Personal Jurisdiction
• Improper Venue
• Insufficient Service of Process

MOTIONS

Answer 19

Waived if not included in Answer/12(b) Motion

Question 20

Timing for:

• Failure to Join a Party
• Failure to State a Claim

MOTIONS

Answer 20

May be raised before or at trial

Question 21

Timing for:

• Motion to Strike

MOTIONS

Answer 21

Within 21 days of service

Question 22

Timing for:

Motion for a More Definitive Statement

MOTIONS

Answer 22

Before responding to a pleading

Question 23

Timing For:

Motion for Summary Judgment

MOTIONS

Answer 23

Filed until 30 days after close of discovery

Question 24

Timing For:

JMOL

MOTIONS

Answer 24

After opponent has presented case but before case submitted to jury

Question 25

Timing For:

Renewed JMOL

MOTIONS

Answer 25

Within 28 days after the verdict