PreTrial Resolution

Question 1

Default

Answer 1

1. Request to enter default: Rule 55(a) allows for an entry of default whenever a party fails to plead or otherwise defend a claim.
2. Notice of entry: Rule 55 (b) after default is entered against a party, the claimant may move for entry of the default judgment.

If plaintiff wants to continue case, then may file a motion to set aside default (Rule 60) for procedural errors or good cause such as no notice received.

Question 2

Involuntary Dismissal

Answer 2

1. 12 (b) 6
2. 12 (c)
3. 41 (b)
4. 56 (a)

Question 3

12 (b) 6

Answer 3

Judgment on the pleadings: Failure to state a claim upon which a relief can get granted.

Question 4

12 (c)

Answer 4

Complaint and Answer: After the pleading but before trial.

Question 5

41 (b)

Answer 5

If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.

Question 6

Summary Judgment

Answer 6

56 (a) A motion for summary judgment is appropriate when there is no triable issue of material fact and on party is entitled to a judgment as a matter of law.

Question 7

Voluntary Dismissal

Answer 7

41 (A plaintiff may voluntarily dismiss their coa by

1. Notice of dismissal if D is not yet served and answer or a motion for summary judgment. No court permission necessary.
2. Stipulation: Signed by all parties in the case. (Written)
3. Court Order: Motion to dismiss filed.

Effect: Plaintiff can dismiss once without prejudice before filing a answer for summary judgment. The second is with prejudice and the consent of the defendant.

Question 8

Settlement

Answer 8

R68

1. Making an offer: At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued
2. Unaccepted Offer: considered withdrawn.
3. After Liability is determined but not extent of liability may offer settlement within14 days before trial date.

Question 9

Private Resolution

Answer 9

1. Mini trial: Only 1 or 2 issues are tried. Whoever wins will win on all issues.
2. Mock trial: jury and judge are hired to try the case resulting in a final decision.
3. ArbitratioN

Question 10

ene

Answer 10

Early Neutral Evaluation

Evaluated by an expert and looks at the merits

Question 11

Mediation

Answer 11

Impartial person who tries to settle claim. Non binding

Question 12

Arbitration

Answer 12

Binding