Dismissal + Judgments

Question 1

Voluntary Dismissal

Answer 1

1. By the Plaintiff.
   - A. Without Court Order –> Plaintiff may dismiss an action without a court order by filing:
   – i.) a notice of dismissal before the opposing party serves an answer/motion for SJ; OR
   –ii.) a stipulation of dismissial signed by all parties who have appeared.
2. By Court Order; Effect… An action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.
   - If a defendant has pleaded a counter claim before being served with the plaintiff’s motion to dismiss–> the action may be dismissed over the defendant’s objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.

• [Plaintiff has absolute right prior to defendant filing an answer or a motion for SJ
• Can ask court for dismissal on “terms that the court considers proper”
  – i.e… payment of attorney’s fees or costs.
• Typically, counterclaims will continue, IF defendant objects to dismissal.
• Generally, dismissal is “without prejudice”(no res judicata effect)]

Question 2

Consolidation; Seperate Trials

Answer 2

A. Consolidation
- If actions before the court involve a common question of law/fact–> court may:
- 1. Join for hearing/trial any or all matters at issue in actions
- 2. Consolidate the actions; or
- 3. Issue any other orders to avoid unnecessary costs/delay

B. Seperate Trials
- For convenience/avoid prejudice/expedite/economize, court may –> order a seperate trial of one or more seperate issues, claims, crossclaims, counterclaims, or third-party claims.
- When ordering a seperate trial, court may –> preserve any federal right to a jury trial

• Courts have considerable discretion on how to run trials [whether claims should be consolidated or seperated]
• Courts will be concerned with:
  – Efficiency of the court process and expense of resources
  – Prejudice to a party [i.e. losing claims, ability to prepare/strategy]
  – Justice and fairness [discretionary sense]

Question 3

Judgement as a Matter of Law [JMoL]

Answer 3

JMoL In General – If a party has been fully heard on a issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:
- A. Resolve the issue against the party; and
- B. Grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained/defeated only with favorable finding on that issue,

Motion– A motion for JMol may be** made at any time before the case is submitted to the jury**. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.
- Also known as a Directed Verdict, JML, JMoL
- Motion is **made after a party has been fully heard **on an issue [i.e., presented their evidentiary case on the merits.]
- Standard: Granted if “no reasonable jury” could find for the non-moving party
– Viewed in light most favorable to non-moving party [all reasonable inferences]
- Can be made at any time before the case goes to the jury for deliberation

Question 4

Renewing JMoL Motion after Trial; Alternative Motion for New Trial

Answer 4

• If the **court does not grant a motion for judgment **as a matter of law–> the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion.
• No later than 28 days after the entry of judgment - or if the motion addresses a jury issue not decided by a verdice, no later than 28 days after the jury was discharged –> the movant may file a renews JMol motion + may include an alternative or joint request for a new trial.
• [Also known as judment non obstante veredicto, or Judgment Notwithstanding the Verdict [JNOV], or Renewed JMoL
• Occurs at the conclusion of a jury trial ]