Motions

Question 1

when should the court grant a motion for renewed judgment as a matter of law?

Answer 1

In determining whether to grant a renewed judgment as a matter of law, the court must determine whether the party had previously moved for a judgment as a matter of law, and what grounds for the previous motion were. Under the federal rules, a judgment as a matter of law must be made at some point during the trial. A party is also limited to the grounds it asserted in it’s original JMOl. The party must make the renewed motion within 28 days after the entry of judgment.

Question 2

when can the court grant a new trial?

Answer 2

Generally, a new trial may be granted because of some serious error that occurred during trial. In theory a new trial would be granted if the jurys verdict was a clear miscarriage of justice, but the judge may not replace the jury’s verdict with a verdict he would have reached.

Question 3

While looking at a motion for renewed judgment as a matter of law what should the court consider in determining when to overrule a jury verdict.

Answer 3

To grant the motion, the court must find that a reasonable jury would have not found a legal basis to find for the party on the issue. The court must view the evidence in favor of the nonmoving party and without considering the credivibility of the witnesses.

Question 4

what are the circumstances and timing for a Motion of a Voluntary Dismissal by plaintiff?

Answer 4

without prejudice once as a matter of right; also possible by stipulation or court order.

Question 5

what is a voluntary dismissal?

Answer 5

A plaintiff may dismiss his action by notice without leave of court before the defendant files an answer or a summary judgment motion. The dismissal is without prejudice unless the plaintiff has previously dismissed a federal or state court action on the same claim, in which case the dismissal is with prejudice.

Question 6

What is a summary judgment?

Answer 6

it may be granted if from the pleadings, affidavits, and discovery materials on file, it appears that no genuine dispute of material fact exists and that the moving party is entitled to judgment as a matter of law. may file at anytime up to 30 days after the close of discovery. Denial is not appealable.

Question 7

What is a Motion for Judgment on the Pleadings?

Answer 7

On the face of the pleadings, (without considering outside matters), the moving party is entitled to judgment on the face of the pleadings. Treated as a motion for summary judgment if accompanied by outside matters.

Question 8

what is a judgment on partial findings?

Answer 8

In a non-jury trial, the judge may enter a judgment as a matter of law if she makes dispositive partial findings on the claim.

During trial, once the judge has heard sufficient evidence to make dispositive findings and all parties have been fully heard on the issue.

Question 9

What is an involuntary dismissal?

Answer 9

Plaintiff fails to prosecute the case or to comply with the Rules or a court order.

Anytime.

Question 10

What is a motion for Judgment as a Matter of Law?

Answer 10

a motion for judgment as a matter of law, formerly known as a motion for a directed verdict, allows judgment to be granted for either party, if the court finds that a reasonable jury would not have a legally sufficient basis to find for the nonmoving party. it is a prerequisite for a renewed motion for judgment as a matter of law.

Question 11

What must a complaint state?

Answer 11

1) grounds for federal jurisdiction
2) a short statement of the claim showing that the pleader is entitled to relief and
3) a demand for judgement for relief

Question 12

What are pre-answer motions?

Answer 12

1) lack of subject matter jurisdiction
2) lack of pj
3) improper venue
4) insufficiency of process
5) insufficiency of service of process
6) failure to state a claim upon which relief can be granted
7) failure to join an indispensible party

Question 13

What is a motion for a more definite statement?

Answer 13

a party may move for a more definite statement before responding to a pleading that is vague

Question 14

What is a motion to strike?

Answer 14

before responding to a pleading, a party may move to have stricken any insufficient defense or any redundant, immaterial, or scandalous matter.

Question 15

What motions must be raised in either a motion or an answer which ever comes first?

Answer 15

2) lack of pj
3) improper venue
4) insufficiency of process
5) insufficiency of service of process

Question 16

How long do you have to answer after the court denials or postpones the motion?

Answer 16

the responsive pleading must be served within 14 days.

Question 17

nonjury bench trials and judgment on partial findings

Answer 17

once there is sufficient evidence to make dispositive findings the judge may rule on an issue as a matter of law, provided all parties have been fully heard.

Question 18

motion to amend prior orders or renew prior motions

Answer 18

may be brought when
1. new evidence has been discovered that was not previously available
2. there has been an intervening change in controlling law
3. there is a need to correct a clear error of law or fact
or
there is a need to prevent manifest injustice.

Question 19

Grounds for Relief of Judgment

Answer 19

mistake, inadvertance, suprise, or excusable neglect
newly discoverable evidence that by due diligence could not have been discovered in time to move for a new trial, but evidence must have existed before the judgment
fraud misrepresentation, or other misconduct of an adverse party
the judgment being void
the judgment being satisfied, released, or discharged, a prior judgment on which it is based having been reversed or otherwise vacated; or the fact that it is no longer equitable that the judgment should have prospective application or
any other reason justifying relief from the operation of the judgment.

Question 20

Which grounds should motion be made for within a reasonable time not to exceed a year

Answer 20

mistake, inadvertence, newly discovered evidence, and fraud.

Question 21

other grounds where motion must be made within a reasonable time

Answer 21

judgment is void, judgment being satisfied, released, or discharged, prior judgment on which is based is released
any other reason

Question 22

What is the time frame to submit a motion for relief of judgment for a clerical mistake?

Answer 22

no time limit.