Summary Judgment

Question 1

What FRCP governs default judgments?

Answer 1

Rule 55

Question 2

What is a default judgement?

Answer 2

π or ∆ gets a default judgment when opposing party fails to respond or defend against a claim within the required time

Question 3

Is there a way to undo a default judgment?

Answer 3

Yes
FRCP 60(b)

Question 4

What FRCP governs voluntary and involuntary dismissals?

Answer 4

FRCP 41

Question 5

What is a voluntary dismissal?

Answer 5

π can voluntarily dismiss a claim and there isn’t a need for a court order if dismissal occurs before ∆ answers. Voluntary dismissals are not dismissals on the merits.

FRCP 41(a)

Question 6

What is an involuntary dismissal?

Answer 6

π has failed to prosecute a case (hasn’t met deadlines). Involuntary dismissals are an adjudication on the merits. Both the court and a party can move for an involuntary dismissal.

FRCP 41(b)

Question 7

What FRCP governs Summary Judgment?

Answer 7

FRCP 56

Question 8

What is summary judgment?

Answer 8

If there is not a genuine dispute of one or more material facts, the case can be resolved by applying the rule of law to those facts and arriving at a conclusion without a need for trial.

Summary judgment or judgment as a matter of law is a vehicle for determining whether facts are in dispute; if they are not, there is no need for a trial.

FRCP 56(a)

Question 9

When is a motion to dismiss used?

Answer 9

Failure to state a claim: focuses on the allegations made by the plaintiff in the complaint and is not supposed to go beyond the pleadings

Question 10

When is a motion for summary judgment used?

Answer 10

Relies on info gained (or not) during discovery and can include reference to material (verified complaints, affidavits, interrogatories, disclosures, admissions). However, objections may be made that the evidence isn’t admissible at trial.

Question 11

What are the standards for consideration in a motion to dismiss?

Answer 11

Even if all the factual allegations are taken as true, the π hasn’t met his burden of pleading and has failed to state a claim upon which relief can be granted

Question 12

What are the standards for consideration in a motion for summary judgment?

Answer 12

There is no genuine dispute of material facts as indicated through submission of evidence, viewed in light most favorable to the non-moving party.

Question 13

When does a motion to dismiss occur?

Answer 13

After the initial pleading

Question 14

When does a motion for summary judgment occur?

Answer 14

Usually after discovery has concluded, but up until 30 days after the close of discovery.

FRCP 56(b)

Question 15

Who are motions to dismiss usually sought by?

Answer 15

∆s

Question 16

Who are motions for summary judgment usually filed by?

Answer 16

Either party.

Question 17

What FRCP governs the opportunity to be heard?

Answer 17

FRCP 56(f)

Question 18

Can a party move for partial summary judgment?

Answer 18

Yes, on one or more claims, certain elements of a cause of action, or as to all but damages.

FRCP 56(a)

Question 19

What is a material fact?

Answer 19

Whether or not a fact is material will depend on the substantive law of the claim at issue

The fact must affect the outcome of the case under the applicable rule of law

Question 20

What can a party do to move for / oppose summary judgment?

Answer 20

• Cite to material in the record (depositions, documents, ESI, affidavits, declarations, stipulations, admissions, interrogatory answers); OR
• Show that material cited do not establish absence / presence of genuine dispute

FRCP 56(c)(1)(A-B)

Question 21

How can a party object to facts in a motion for summary judgment?

Answer 21

Can object to facts relied upon by the opposing party on grounds that the facts can’t be presented in an admissible form.

FRCP 56(c)(2)

Question 22

What if a party needs more time to justify an objection to a motion for summary judgment?

Answer 22

Can get more time to obtain facts thru discovery if, for specified reasons, it cannot present facts essential to justify its opposition at that time.

FRCP 56(d)

Question 23

Can a court assess credibility or weigh facts?

Answer 23

No, that’s the jury’s job. (Anderson)

Question 24

What if a court weighs competing evidence?

Answer 24

All justifiable inferences must be made in favor of the non-moving party (Tolan)

Question 25

What if a reasonable jury could return a verdict for the non-moving party?

Answer 25

Then deny the motion (Anderson; Scott)

Question 26

What FRCP governs the right to a jury trial?

Answer 26

FRCP 38

Question 27

What is the value in controversy requirement for a jury trial under the 7th Amendment?

Answer 27

$20

Question 28

What FRCP governs JMOL in a jury trial?

Answer 28

FRCP 50

Question 29

What FRCP governs new trials and altering or amending a judgment?

Answer 29

FRCP 59

Question 30

What FRCP governs relief from a judgment or order?

Answer 30

FRCP 60

Question 31

What is the standard for JMOL?

Answer 31

• Reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue
• Either no need to send it to a jury because no dispute OR if it has already been heard by a jury and they did not reach a reasonable result

FRCP 50(a)

Question 32

When can a motion for JMOL be made? (3)

Answer 32

(1) After one party has been fully heard on an issue during a jury trial FRCP 50(a)(1)
(2) After all parties have closed their cases, but before submission to the jury (AKA Motion for a Directed Verdict) FRCP 50(a)(2)
(3) Within 28 days after entry of judgment (after the jury has returned a verdict), any party can seek a renewed motion for judgment as a matter of law (RJMOL) but only if the party has already done so at one of the prior times FRCP 50(b)

Question 33

What is a motion for judgment on partial findings?

Answer 33

During a bench trial, FRCP 52(c) offers the opportunity for a party (usually the ∆) to move for judgment on partial findings after the other party has presented its case in full. A court can also do this on its own initiative.

Question 34

When can a motion for a new trial be brought?

Answer 34

FRCP 59(a)
- After a jury trial
OR
- After a non-jury trial

Question 35

How is the grant of a motion for a new trial different from the grant of a motion for JMOL?

Answer 35

• Starts the proceedings over again, whereas a motion for JMOL results in immediate entry of judgment for a party
• The grant of a new trial is not an immediately appealable order because it isn’t a final judgment, whereas the grant of JMOL is a final judgment

FRCP 59

Question 36

Who can move for a new trial and when?

Answer 36

Either party within 28 days after entry of judgment, including thos who have filed a motion for JMOL and those in whose favor the verdict has issued [FRCP 59(a)(1) and (b)]

Unlike motions for JMOL, it can also be considered sua sponte by the judge [FRCP 59(d)]

Question 37

Can a party move for a renewed JMOL and for a new trial?

Answer 37

Yes. Rule 50(b) permits a party to file a motion for a new trial under Rule 59 (in addition to the RJMOL or in the alternative) and you do so within the same time from (28 days after judgment). FRCP 50(d)

Question 38

What if a judgment has been entered with clerical mistakes or omissions?

Answer 38

Rule 60(a) permits the court, on motion or on its own, to correct a judgment with said errors or omissions

Question 39

When can a party make a motion for relief from judgment?

Answer 39

Within a reasonable time (but 1 year for 1st 3 grounds):

• Mistake, inadvertance, surprise, or excusable neglect
• Newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial
• Fraud, misrepresentation, or misconduct by opposing party
• Judgment is void
• Judgment has been satisfied, released, or discharged; it is based on earlier judgment that has been reversed or vacated; applying judgment prospectively is no longer equitable
• Any other reason that justifies relief

FRCP 60(b)