Evidence & Civ Pro Flashcards
What is the collateral-order doctrine?
Under the collateral-order doctrine, a court of appeals has discretion to hear and rule on a district court order if it (i) conclusively determines the disputed question, (ii) resolves an important issue that is completely separate from the merits of the action, and (iii) is effectively unreviewable on appeal from a final judgment.
When may a party dismiss a cross-claim, counterclaim or third party claim with approval from the court?
A party may voluntarily dismiss a crossclaim (or a counterclaim or third-party claim) without the approval of the court or the consent of the parties before a responsive pleading is served, or if there is no responsive pleading, before evidence is introduced at a hearing or trial. The service of a summary judgment motion by a co-party with respect to a crossclaim (or counterclaim or third-party claim) does not cut off a party’s ability to voluntarily dismiss the claim without court approval or the consent of the other parties. This occurs only after evidence is introduced at the court hearing on the motion.