Motions

Question 1

12(b) Must be Asserted

Answer 1

3PV

Personal jurisdiction
process
service of process
venue

Question 2

12(b)(6)

Answer 2

Failure to state a claim
May be raised before or during trial
dismissal with prejudice

Question 3

Motion to Strike

Answer 3

Before responding to complaint
within 21 days of service
For redundant, immaterial, or scandalous material

Question 4

Motion for More Definite Statement

Answer 4

Before responding to complaint
Pleading is vague or ambiguous

Question 5

Motion for Summary Judgment

Answer 5

No genuine dispute of material fact
Filed until 30 days after discovery close
Denial not appealable
Burden on moving party
Partial judgment allowed

Question 6

JMOL

Answer 6

Reasonable jury would not have legally sufficient evidentiary basis to find for non-moving party
Evidence viewed in light most favorable to non-moving party

Question 7

Renewed JMOL

Answer 7

Must have filed a JMOL
28 days
Judge may overturn verdict

Question 8

Motion for Relief from Judgment

Answer 8

Clerical error, oversight, or mistake
Fraud or misconduct by the other party

Question 9

Motion for new trial

Answer 9

Error would have caused different outcome
Judge erroneously admitted or excluded evidence
Improper conduct by party, witness. lawyer, or jury
Verdict is against clear weight of the evidence

Question 10

Remittur

Answer 10

New trial for excessive damages
Unless party agrees to reduction of award

Question 11

Additur

Answer 11

Not in federal court
Adds damages to jury award
Considered a taking