Motions and Dates Flashcards
A preliminary injunction does what?
it is a court order before trial telling the defendant to do or not do something so as to preserve the status quo.
A temporary restraining order does what?
a restraining order that is issued in the mean time between the commencing of the case and the hearing regarding the preliminary injunction. It is basically a preliminary injunction before the preliminary injunction.
A motion for a default judgment may be made when?
after 21 days has passed since serving the defendant with notice.
What is a motion for judgment on the pleadings?
a motion which simply states the opposing party has not stated a claim. This is brought up at trial.
What is a Rule 12(b)(6) motion?
a motion by a defendant before answering the plaintiff’s complaint which alleges the plaintiff has failed to state a claim on which relief can be granted.
What is a motion for summary judgment?
a motion which says there is no genuine dispute of material fact, and that the judge should rule for the moving party.
When can a motion for summary judgment be made?
no later than 30 days after the close of evidence.
What is a motion for judgment as a matter of law?
similar to a motion for summary judgment, but it comes up at trial.
A person must be served with process within . . .
90 days of the plaintiff’s filing the complaint with the court.
A person served with process in the United States must respond within . . .
21 days of being served.
A defendant can successfully waive process within . . .
30 days of filing the complaint.
Parties may amend their pleadings within . . .
21 days of receipt of the complaint.
Explain the relationship of a R. 12b6 motion and a motion for judgement on the pleadings.
They are the same thing, but go by different names depending on when they are brought up in the case. You make a 12b6 motion before trial and before you file your answer, whereas a judgment on the pleadings is made during trial. Therefore, a motion “for failure to state a claim” refers to both.
