Civpro Weak

Question 1

Motion on the pleadings: grounds & time

Answer 1

NO answer filed OR (1) NO material issues of fact AND (2) moving party entitled to judgement as a matter of law.

After pleadings, before discovery

Question 2

Motion for summary judgement: grounds & time

Answer 2

NO answer filed OR (1) NO issues of material fact AND (2) moving party entitled to judgement as a matter of law

Within 30 days of close of discovery

Question 3

Motion for jury trial: time

Answer 3

14 days of last triable issue raised

Question 4

JMOL: grounds & time

Answer 4

(1) All evidence viewed in best light of nonmoving party (2) reasonable persons canNOT find in nonmoving party’s favor

After opposing counsel rests case AND before jury deliberations

Question 5

RJMOL: grounds & time

Answer 5

(1) All evidence viewed in best light of nonmoving party (2) reasonable persons canNOT find for nonmoving party

(1) JMOL AND (2) within 28 days of entry of final judgement

Question 6

Motion for new trial: 6 grounds & time

Answer 6

(1) Significant error of law, (2) verdict against weight of evidence, (3) Irregularity in court proceedings, (4) jury misconduct, (5) newly discovered material evidence, OR (6) improper damages

Within 28 days of entry of final judgement UNLESS interlocutory/collateral

Question 7

Motion for relief from/set aside judgment: 3 grounds & time

Answer 7

(1) Mistake, (2) Fraud, OR (3) Newly discovered evidence NOT discoverable with reasonable diligence during trial

Within 1 year of entry of final judgement

Question 8

Notice of appeal: 5 grounds & time

Answer 8

(1) Abuse of discretion, (2) improperly admitted/excluded evidence, (3) improper jury instructions, (4) IAAC, OR (5) prosecutorial misconduct

Within 30 days of entry of final judgment UNLESS interlocutory/collateral