Motions

Question 1

12b Motion to Dismiss (Pre-Answer Motion)

Answer 1

a. If motion to dismiss for lack of subject-matter – can always do it
b. If motion for lack of personal jurisdiction/improper venue/improper service – must include others in same motion to dismiss, otherwise waived
c. Can also include motion to dismiss in Answer

Question 2

Summary Judgment

Answer 2

• Filed AFTER DISCOVERY, before trial
• Standard: no genuine dispute of material fact

Evidence of both sides = there is a dispute

Question 3

Judgment as a Matter of Law

Answer 3

• By Defendant after Plaintiff rests OR by either side after Defendant rests
• BEFORE case goes to jury
• “reasonable jury does not have sufficient evidence to find for X”

Judge usually denies to allow jury figure it out

Question 4

Renewed Motion for Judgment as a Matter of Law

Answer 4

• If jury finds against you after your motion for judgment as a matter of law was denied

Party that makes renewed motion MUST HAVE MADE THE ORIGINAL motion