Ohio Civil Procedure Flashcards
What is the standard for a motion for a directed verdict?
A court may direct a verdict on an ins sue for a moving party if, after construing the evidence most strongly in favor of the party against whom the motion is directed, the court finds that reasonable minds could come to only one conclusion that is adverse to the non-moving party.
May a court consider the credibility of witnesses or evaluate the weight of evidence in considering a motion for a directed verdict?
No.
What are the elements of res judicata?
A final judgment on the merits of an action precludes the parties from successive litigation of an identical claim in a subsequent action.
When may a motion for default judgment be filed?
A motion for default judgment may be filed if no pleading or motion to dismiss is made by a party after 28 days after service of a complaint.
Must the party against whom the motion is being filed be served with a motion for default judgment?
No, unless the party has appeared personally.
Must a judge hold a separate hearing to determine damages after a default judgment?
No, unless an uncertain amount is at issue, a judge may grant any amount up to the amount prayed for in the complaint.
May a default judgment be vacated?
Yes, if the grounds for vacating the judgment are reasonable, the request is timely (within one year), and there is a meritorious defense, such as inadvertence or excusable neglect.
May a party make a motion for JNOV at the end of a trial without first making a motion for directed verdict at the close of the plaintiff’s case-in-chief?
Yes.
What are the elements of JNOV?
A court may grant a motion for JNOV if the weight of the evidence was such that reasonable minds could reach only one conclusion, against the non-moving party.
