Pretrial/ Trial Flashcards
Rule 26(a) requires the parties, three times prior to trial, to make certain disclosures:
(i) ______ disclosures,
(ii) disclosures of expert testimony _____ days before trial, and
(iii) pretrial disclosures ____ days before trial.
These disclosures are _____ and must be made even if an opposing party does not ask for such information. Unless otherwise ordered by the court, the disclosures must be in writing, signed, and served.
Rule 26(a) requires the parties, three times prior to trial, to make certain disclosures:
(i) initial disclosures,
(ii) disclosures of expert testimony 90 days before trial, and
(iii) pretrial disclosures 30 days before trial.
These disclosures are mandatory and must be made even if an opposing party does not ask for such information. Unless otherwise ordered by the court, the disclosures must be in writing, signed, and served.
Under Rule 26(b)(1),
______ is generally permitted with regard to any non-privileged matter relevant to any party’s claim or defense in the action.
(As of December 1, 2015, the scope of discovery is limited also to matters that are ______ to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issue, and whether the burden or expense of the proposed discovery outweighs its likely benefit.)
Under Rule 26(b)(1),
Discovery is generally permitted with regard to any non-privileged matter relevant to any party’s claim or defense in the action.
(As of December 1, 2015, the scope of discovery is limited also to matters that are proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issue, and whether the burden or expense of the proposed discovery outweighs its likely benefit.)
Information within the scope of discovery need not be ______ in evidence to be discoverable.
The test is whether the information sought is _____ to any party’s claim or defense.
Information within the scope of discovery need not be admissible in evidence to be discoverable.
The test is whether the information sought is relevant to any party’s claim or defense.
When discovery is challenged, the court must weigh the party’s______ in seeking discovery against the _____ interests of the party resisting discovery.
Eckstein Marine Serv., Inc.
When discovery is challenged, the court must weigh the party’s interests in seeking discovery against the privacy interests of the party resisting discovery. Eckstein Marine Serv., Inc.
SUMMARY JUDGMENT
Under Rule ___ , a motion for summary judgment is applicable to all civil actions and must be granted if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.
A genuine issue of _____ fact exists when a ______ jury could return a verdict in favor of the nonmoving party.
In ruling on a motion for summary judgment, the court must construe all evidence in the light most ______ to the nonmoving party and resolve all _____ in favor of the nonmoving party.
summary judgment
Under Rule 56, a motion for summary judgment is applicable to all civil actions and must be granted if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.
A genuine issue of material fact exists when a reasonable jury could return a verdict in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).
In ruling on a motion for summary judgment, the court must construe all evidence in the light most favorable to the nonmoving party and resolve all doubts in favor of the nonmoving party.
Unless a different time is set by local rule, under Rule 56(b), a party may file a motion for summary judgment at any time until _____ days after the close of all discovery.
Unless a different time is set by local rule, under Rule 56(b), a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.
In general, an order denying summary judgment is not subject to immediate ______. A grant of full summary judgment is a _____ disposition on the merits and is subject to appeal.
In general, an order denying summary judgment is not subject to immediate appeal. A grant of full summary judgment is a final disposition on the merits and is subject to appeal.
JUDGMENT AS A MATTER OF LAW
Under Rule 50(a), once a party has been fully heard on an issue at a ____ trial, the court may grant a motion for judgment as a matter of ____ resolving the issue against a party if the court finds that there is insufficient evidence for a jury reasonably to find for that party.
The court may also grant such a motion against the party on any claim or defense that is dependent on a favorable finding on that issue.
The court must view the evidence in the light most ________ to the opposing party and draw all reasonable inferences from the evidence in favor of the opposing party.
JUDGMENT AS A MATTER OF LAW
Under Rule 50(a), once a party has been fully heard on an issue at a jury trial, the court may grant a motion for judgment as a matter of law resolving the issue against a party if the court finds that there is insufficient evidence for a jury reasonably to find for that party.
The court may also grant such a motion against the party on any claim or defense that is dependent on a favorable finding on that issue.
The court must view the evidence in the light most favorable to the opposing party and draw all reasonable inferences from the evidence in favor of the opposing party.
It may not consider the credibility of witnesses or evaluate the weight of the evidence, and it must disregard all evidence favorable to the moving party that the jury is not required to believe.
A motion for judgment as a matter of law may be made at any time _____ the case is submitted to the jury.
A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury.
RENEWED MOTION FOR JUDGMENT
Under Rule 50(b), if the court does not grant a motion for judgment as a matter of law, then the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion.
The movant may file a _______ motion for judgment as a matter of law no later than ____ days after the entry of judgment.
RENEWED MOTION FOR JUDGMENT
Under Rule 50(b), if the court does not grant a motion for judgment as a matter of law, then the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion.
The movant may file a renewed motion for judgment as a matter of law no later than 28 days after the entry of judgment.
Under Rule ___(a), the court may, on motion, grant a _____ trial on all issues or with respect to only certain issues or parties.
Under Rule 59(a), the court may, on motion, grant a new trial on all issues or with respect to only certain issues or parties.
In general, whether a new trial is warranted rests within the sound _____ of the trial court.
In general, whether a new trial is warranted rests within the sound discretion of the trial court.
Under Rule _____ , the court must disregard all errors and defects that do not affect any party’s substantial rights. This is the “____ _____” rule.
Under Rule61, the court must disregard all errors and defects that do not affect any party’s substantial rights. This is the “harmless error” rule.
Under the Federal Rules of Civil Procedure, a party’s summary judgment motion should be _____ if there is no genuine issue as to any ____ fact and the party is entitled to a judgment as a ____of law.
In determining if there are any genuine issues of material fact, the court must ____ all facts in the light most favorable to the non-moving party.
Under the Federal Rules of Civil Procedure, a party’s summary judgment motion should be granted if there is no genuine issue as to any material fact and the party is entitled to a judgment as a matter of law.
In determining if there are any genuine issues of material fact, the court must construe all facts in the light most favorable to the non-moving party.
In a jury trial, a party may move for a judgment as a matter of _____ with regard to a defense as well as a _____. A party may make such a motion once the opposing party has been fully heard on the issue.
in a jury trial, a party may move for a judgment as a matter of law with regard to a defense as well as a claim. A party may make such a motion once the opposing party has been fully heard on the issue.`
