motions Flashcards
1
Q
when can lack of SMJ be raised?
A
any time
2
Q
when must lack of PJ, venue, and insufficient service be raised?
A
first responsive pleading or else waived
3
Q
motion for failure to join a party
A
before or at trial
4
Q
motion for failure to state claim
A
before or at trial
5
Q
motion to strike
A
within 21 days of service
6
Q
motion for more definitive statement
A
before responding to pleading
7
Q
motion for summary judgement
A
filed until 30 days after close of discovery
8
Q
JMOL
A
raised by D after P case
raised by wither party at close of EV
9
Q
JMOL standard
A
reasonable jury would not have legally sufficient evidentiary basis for nonmoving party
EV viewed in light most favorable to non-moving party
10
Q
renewed JMOL
A
within 28 days after verdict