Motions

Question 1

Summary Judgement

Answer 1

Asserts that there is no genuine dispute as to any material fact and the party is entitled to
judgment as a matter of law

Question 2

Jury trial

Answer 2

7th Amendment—right to jury trial when damages exceed $20
- Must demand jury trial within 14 days after service of last pleading

Question 3

Directed verdict JMOL

Answer 3

Motion made by either party at the close of P’s evidence or the close of all evidence. Granted if no reasonable person could differ as to the outcome.

Question 4

Renewed Motion for JMOL

Answer 4

Motion for judgment as a matter of law is denied and the issue goes to the jury
- jury deliberates and delivers a verdict
- Renewed motion for JMOL asks the court to override the jury’s verdict
- Can only “renew” this motion if it was made earlier

Question 5

Appeals

Answer 5

Generally, there must be a final judgment. Interlocutory appeal allowed after the denial or grant of an injunction

Question 6

Failure to state a claim

Answer 6

12b6 motion to dismiss alleges complaint failed to state a claim upon which relief can be granted.

Court considers:
(1) facts in the light most favorable to the non-moving party AND
2) facts alleged on the face of the complaint.

Motion can be raised at any time, but if made after the D has answered, it is referred to as a motion for judgment on the pleadings.

Question 7

Motion for a new trial

Answer 7

May be made within 28 DAYS of judgment by arguing error made at trial.

New trial may be granted if:
1) bc of some serious error that occurred during trial
2) bc verdict is against the weight of evidence (an error in admission of evidence, error instructing jury, excessive verdict) or
3) jury’s verdict is a clear miscarriage of justice