Motions and Trial by Jury

Question 1

Until when does P have a right to voluntarily dismiss once before?

Answer 1

witness is sworn at trial unless the D files a counterclaim. P can refile up to the SOL or 6 months from dismissal, whichever is longer

Question 2

When can a motion for a directed verdict be made?

Answer 2

after the adversary rests and it may be granted if there is a legally sufficient evidentiary basis from which a reasonable jury could find for the nonmoving party

Question 3

In GA, Can D reopen the case after default?

Answer 3

Yes within 15 days if the costs assessed justify it
after 15 days motion must be made under oath

Question 3

When must a renewed judgment as a matter of law be made?

Answer 3

Within 30 days after the judgement and may be granted for the loser if there was a legally insufficient evidentiary basis from which a reasonable jury could have found for the removing nonmoving party

Question 3

When must a motion to set aside judgment be made?

Answer 3

Within a reasonable time after judgement but no later than 3 years after the judgment

Question 3

What are the requirements for a motion to set aside?

Answer 3

1. merit to the movant’s claim or defense
2. equity must demand relied
3. new facts that have come to light since the judgment that case doubt on the judgment
4. Movant must have exercised due diligence

Question 3

When is a default judgement entered?

Answer 3

When D fails to respond in a timely manner (within 30 days after service or 60 days if service waived)