DISMISSAL & SUMMARY JUDGMENT

Question 1

Dismissal

Answer 1

A way a case can be disposed of without pursuing trial.

Question 2

Summary Judgment

Answer 2

A way a case can be disposed of without going to trial.

Question 3

Dismissal - Types

Answer 3

1. Voluntary

2. Involuntary via court order

Question 4

Voluntary Dismissal

Answer 4

• Voluntary dismissal is initiated by the Plaintiff.
• Permitted without court approval if motion filed before D files answer or motion for SJ.
• If after D files answer or motion for SJ, must get court approval unless otherwise stipulated.
• Grant of a motion to dismiss left to court’s discretion.

Question 5

Involuntary Dismissal

Answer 5

• Based on P’s failure to prosecute case, failure to comply with FRCP or court order, or D’s motion to dismiss under Rule 12.
• Involuntary dismissal presumed to be with prejudice.

Question 6

Summary Judgment

Answer 6

• Pretrial motion that does not challenge the sufficiency of the allegations in the complaint, answer, or other pleading.
• Moving party must show that there is no genuine dispute as to any material fact, and movant is entitled to judgment as a matter of law.
• Evidence viewed in light most favorable to non-movant.