Pretrial Motions

Question 1

must be raised in a pre-answer motion

Answer 1

• motion for a more definite statement
• motion to strike

Question 2

must be made in first responsive pleading (answer or motion)

Answer 2

• lack of personal jx
• insufficient process or service of process
• improper venue
• affirmative defenses in 1st answer (eg, res judicata and statute of limitations)

Question 3

can be raised at any time

Answer 3

• failure to join a necessary party
• judgment on the pleadings
• failure to state a valid claim or defense

Question 4

can be raised any time at all (even on appeal)

Answer 4

• lack of subject-matter jurisdiction

Question 5

dispositive motions

Answer 5

• failure to state a claim on which relief can be granted
• summary judgment

Question 6

summary judgment

Answer 6

there is no genuine issue of material fact
- The moving party must support its motion w/ evidence, which shifts the burden to the nonmoving party to show that there is a genuine issue of material fact