Pre Trial motions/Procedure

Question 1

Pre Trial Conference

Answer 1

Must be attended by attorneys who will conduct trial. Must file a pretrial statement detailing claims and defenses, damages, request for sitpulations, list of witnesses.

Failure to comply means that the attorney pay costs and the other sides attorney fees

Question 2

A plaintiff has a right to voluntary dismissal

Answer 2

Any time Prior to D serving an Answer or motion for summary judgment

(after this P has to get leave of court to dismiss without prejudice

Question 3

A involuntary dismissal for lack of SMJ, PJ, venue of failure to join necessary party is

Answer 3

without prejudice

Question 4

A dismissal with prejudice is

Answer 4

A adjudication on the merits, and give full res judicata effect

Question 5

The standard for appellate review of a dismissal with prejudice is

Answer 5

abuse of discretion