Resolution without trial

Question 1

R 55

Answer 1

Default Judgement
1. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default

Question 2

Rule 41(b)

Answer 2

Involuntary Dismissal

When the P fails to take action, the courts will dismiss the complaint WITH PREJUDICE!

Question 3

Rule 41(a)(1)(A)(i)

Answer 3

P may dismiss a complaint anytime before the D answers

Question 4

Rule 41(a)(1)(A)(ii)

Answer 4

P may dismiss a complaint at anytime during the course of the litigation process as long as all parties agree.

Question 5

Rule 56(a)

Answer 5

1. Summary judgment is granted when there is:
   i) “no genuine dispute as to any material fact” and
   II) movant is entitled to judgment as a matter of law

Question 6

Rule 56(b)

Answer 6

Time to file

“a party may file a motion for summary judgment at any time until 30 days after the close of discovery.”

Question 7

Rule 56(c)

Answer 7

1. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
   i) citing to the recording, including depositions, documents, discovery stuff; and
   ii) showing the materials do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact

Question 8

Arbitration

Answer 8

The courts love arbitration and it is unlikely that they will change that anytime soon. If there is an arbitration clause, the courts will likely uphold it, unless it is unconscionable.