Dispositive Motions: Judgments as a Matter of Law

Question 1

What is the first step of the dispositive motion timeline (during Pleading)?

Answer 1

FRCP 12(b)(6) or Rule 12(c)

Question 2

What is the factual record for an FRCP(b)(6) or FRCP 12(c) motion to dismiss?

Answer 2

Allegations.

Question 3

What is the second step of the dispositive motion timeline (during Discovery)?

Answer 3

FRCP 56: Summary Judgment

Question 4

What is the factual record for an FRCP 56 Motion for Summary Judgment?

Answer 4

Documents, interrogatory responses, deposition transcripts.

Question 5

When do you file an FRCP 56 Motion for Summary Judgment?

Answer 5

You file an FRCP 56 Motion for Summary Judgment when there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”

Question 6

When do you file an FRCP 12(b)(6) Motion to Dismiss?

Answer 6

You file an FRCP 12(b)(6) Motion to Dismiss when there is a “failure to state a claim upon which relief can be granted.

Question 7

What is the third step of the Dispositive Motion Timeline (after Trial)?

Answer 7

FRCP 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Condition Ruling

Question 8

What is the factual record for an FRCP 50 Motion for JMOL?

Answer 8

All admissible evidence.

Question 9

When do you file an FRCP 50 Motion for JMOL?

Answer 9

When a “reasonable j ury would not have a legally sufficient evidentiary basis to find for the party on that issue.”