Disposition Without A Trial

Question 1

What are two ways a lawsuit can end before a trial (aside from settlements and dismissals)?

Answer 1

Default Judgment and Summary Judgment

Question 2

What are the two rules for default judgment and summary judgment?

Answer 2

55 and 56 respectively.

Question 3

What is summary judgment?

Answer 3

Procedural device to dispose of case, granted in favor of the requesting party if there is NO dispute as to the material facts of the case.

Question 4

What is the Rule from the Celotex Case?

Answer 4

Court shall grant summary judgment unless the responding party to the summary judgment request proves that material facts are still in dispute.

Question 5

What is default judgment?

Answer 5

With either party fails to perform its obligations, the other party can file motions for default and then a default judgment which terminates the action against the party who dropped the ball.

Question 6

What is the rule from Colleton Preparatory?

Answer 6

A court has the power to set aside an entry of default for good cause. Courts have a preference to decide cases on their merits.

Question 7

What are the two steps for a default judgment?

Answer 7

Moving for default with the clerk, and then after the party is put in default, moving for default judgment against that party by the clerk OR court.