During Trial & Post Trial /Motions to Reconsider RULES

Question 1

Rule 12b6

what is it generally?

Answer 1

when court can say that the plaintiff would not be able to obtain relief on any theory fairly encompassed within the complaint, even if supported by evidence; done before any evidence is received, so court must assume all of plaintiff’s plausible, non-conclusory allegations are true.

Question 2

Rule 12b

all 7 defenses

Answer 2

But a party may assert the following defenses by motion:
* (1) lack of subject-matter jurisdiction;
* (2) lack of personal jurisdiction;
* (3) improper venue;
* (4) insufficient process;
* (5) insufficient service of process;
* (6) failure to state a claim upon which relief can be granted; and
* (7) failure to join a party under Rule 19.

Question 3

Rule 12b6

Motion to Dismiss on failure to…..

Answer 3

6. Failure to state a claim for which relief can be granted
   · How the complaint is lacking in its elements, lacking sufficient explanation of facts, or how complaint is not even plausible.
   · The facts · Failure to state a claim because the facts are not sufficient or implausible.
   · Order is like to be without prejudice (not first attempt)
   · The law
   · Failure to state a claim bc no such legal cause of action exists or cannot be prove.
   · Order is more likely to be with prejudice

Question 4

Rule 12c

what is it generally?

Answer 4

when pleadings leave no material fact to be decided, and the movant is entitled to judgment as a matter of law; done after the pleadings are closed, with no evidence yet received

Question 5

R12c

Motion for judgement on the pleadings

Answer 5

§ After the pleadings are closed—but early enough not to delay trial—>a party may move for judgment on the pleadings.
§ Filed after pleadings are closed but early enough not to delay trial.
· (critical admission on the answer)
§ Just the complaint & answer
§ If you attach exhibit to motion–> it becomes a Motion for SJ.
· If on the face of the pleadings–>it’s a matter of law
If there’s an exhibit or MSJ, it’s a question of fact bc there’s evidence (exhibit)

Question 6

R56

what is it generally?

Answer 6

when pleadings, affidavits, and discovery products demonstrate that there is no genuine issue of material fact, so that a reasonable juror properly applying the law could only find in favor of the movant;

done on the basis of a paper record, so the judge must assume all inferences and credibility determinations would be made in favor of the non-movant

Question 7

R56

Motion for Summary Judgement

Answer 7

§ (a) the court grants MSJ if the movant shows there is no genuine dispute to a material fact
· Deadline to file is 30 days after closing of discovery
§ M for SJ after as to no genuine dispute of discovery fact

Question 8

R50(a)

Motion for Judgement as a Matter of Law

what is it generally?

Answer 8

when the evidence that has been received, viewed in light most favorable to the non-movant, permits only one reasonable inference, in favor of the movant; done when the opponent rests or closes or at close of all evidence

Question 9

R50(b)

Motion for Judgement as a Matter of law After Trial

what is it generally?