Post-Trial Motions

Question 1

Default Judgment, Rule 55

Answer 1

2 step analysis:
1. Has D with proper service failed to plead or otherwise defend? If yes clerk may enter default
2. Has D still failed to show up, file an answer, or file claim? If yes, then assess:

a) is P’s claim for a sum certain? If yes, clerk must enter judgment for that amount
b) is this any other claim? If yes, a party must apply to the court for a default judgment

Question 2

Voluntary Dimissal, Rule 41

Answer 2

Why would a P want to dismiss? Mainly settlement

Test if P can dismiss:
1. Has a notice of dismissal been filed before opposing party serves an answer or an MSJ? If yes, P can dismiss w/o ct. permission. If no,
2. Has a stipulation for dismissal been signed by all the parties who have appeared?

If 1 or 2 is satisfied, then (1) P can voluntarily dismiss the case and (2) that dismissal is w/o prejudice

Question 3

MSJ

Answer 3

• Judicial order resolving all or part of a case prior to trial without the jury consideration that would be available in cases to which parties have a jury right
• MSJ filed @ end of discovery before trial begins
• One with burden of proof must prove all elements, one without need only disprove part or show dispute of fact

Question 4

MSJ standards, Rule 56

Answer 4

1. Summary judgment shall be granted if movant shows:
   a) no genuine dispute as to material fact
   b) movant is entitled to judgment as a matter of law
2. Time to file: 30 days after discovery
3. Procedures: A party asserting that a fact cannot be or is genuinely disputed must support this by:
   a) citing to the particular part of the record
   b) if opposing party has burden of proof, show that materials cited do not establish the absence or presence of a genuine dispute, or that adverse party cannot produce admissible evidence to support the fact

Question 5

Test for Jury Trial

Answer 5

1. Is the claim more like traditional legal claim or equitable claim?
2. Is the remedy more like damages or equitable remedy?

Question 6

Voir Dire

Answer 6

• Conducted by attorneys or judge, at judge’s discretion
• “For cause” challenges
• Premptory challenge, limited to 3
• Cannot use race or gender, but pricks do anyways lol