Motions and Trial by Jury Flashcards
What is the P’s right to voluntarily dismiss without prejudice?
The plaintiff has the right to voluntarily dismiss once before the first witness is sworn at trial unless the defendant files a counterclaim. The plaintiff may refile up to the statute of limitations or 6 months from dismissal, whichever is longer.
When will a motion for summary judgment be granted?
if there is no genuine issue of material fact such that judgment is proper as a matter of law.
In Georgia, the party must wait 30 days after filing the complaint and provide 30 days’ notice before the hearing.
When can a party make a Motion for Directed Verdict?
(aka a JMoL)
motion for a directed verdict may be made after the adversary rests
it may be granted if there is a legally insufficient evidentiary basis from which a reasonable jury could find for the nonmoving party.
When can a party make a Motion for Judgement Not Withstanding the Verdict (JNOV)?
(aka a RJMoL)
motion for JNOV may be made within 30 days after the judgment, and it may be granted for the loser if there was a legally insufficient evidentiary basis from which a reasonable jury could have found for the nonmoving party.
What can a party do if their motions for directed verdict and JNOV fail?
motion for new trial if errors affected substantial trial rts or if there is a verdict against manifest weight of evidence
When will Ds suffer an automatic entry of default?
fail to respond in a timely manner (that is, within 30 days of service or 60 if they waive service)
What is GA’s default procedure after an entry of default?
If the defendant moves to reopen the case within 15 days, the motion will be granted as of right with costs assessed
After 15 days, the defendant can move to open the default, but motion must be made under oath, show “providential cause” or excusable neglect, and a meritorious defense
The plaintiff still must move for entry of a default judgment and “prove up” uncertain damages, which are capped by complaint
Within what time frame can you move to set aside judgment?
Motion to set aside a judgment must be made within a reasonable time after the judgment, but no more than 3 years after the judgment.
What are the requirements for a motion to set aside judgment?
MEND (mend your broken heart bc you dont like judgment)
Merit to the movant’s claim or defense
Equity must demand relief (for example, there was fraud or perjury)
New facts that have come to light since the judgment that cast doubt on the judgment
Due diligence was exercised (despite due diligence, new facts were not discovered)
