Motions Flashcards
1) 12(b) Motion
(a) D is attacking the complaint
2) Lack of Subject Matter Jurisdiction
(a) Can be raised at ANYTIME
3) Waived if not included in Answer / 12 b Motion
(a) Lack of PJ
(b) Improper Venue
(c) Insufficient Service of Process
4) Failure to Join a party
(a) May be raised before or at trial
5) Failure to State a Claims
(a) Even if the facts ware true, there is no recovery
(b) Insufficient facts
(c) Dismiss with Prejudice
(d) May be raised before or at trial
6) Motion to Strike
(a) Before Responding to a p[leading
(b) Within 21 days of service
(c) For redundant, immaterial or scandalous material
7) Motion for a More Definite statement
(a) Before responding to a pleading
(b) Pleading is vague or ambiguous
8) Motion for Summary Judgment – Rule 56
(a) No genuine dispute of material fact
(b) Filed 30 days after discovery after discovery close
(c) Denial not appealable
(d) Burden on the moving party
(e) Partial judgment allowed
9) Affidavits
(a) Must be based on Personal knowledge
10) Judgment as a matter of Law / Directed Verdict
(a) Raised by D after P case
(b) Raised by either party at the close of evidence
(c) Standard
(i) A reasonable jury would not have a legally sufficient evidentiary basis to find non-moving party
(ii) Evidence viewed in light most favorable to non-moving party
11) Renewed Motion for Judgment as a matter of Law
(a) Must have filed JMOL first
(b) Filed within 28 days of the verdict
(c) Judge may overturn verdict
12) Motion for Relief from Judgment
(a) Clerical error, oversight, or mistake
(b) Fraud or misconduct by the other party
13) Motion for a new trial
(a) Error would have erroneously caused different outcome
(b) Judge erroneously admitted or excluded evidence
(c) Improper conduct by a party, witness, lawyer, or jury
(d) Verdict is against the clear with of the evidence
14) Remittitur
(a) New trial for excessive damages
(b) Unless the party Agrees to reduction
15) Additur
(a) No adding in Fed Court
