summary judgment etc

Question 1

burden of proof

Answer 1

if opposing party has burden of proof then moving party can point finger at evidence and show insufficient for non moving party to have prima facie for claim moving party show cause

if moving party needs to show sufficient evidence prima facie case opposing then needs to Show contradictory evidence reasonable jury would think

opposing party to moving can’t just allege and say its not true. must cite real evidence where reasonable minds could differ

Question 2

rule 56 a

Answer 2

A party may move for summary judgment, identifying each claim or defense-or
the part of each claim or defense-on which summary judgment is sought. The
court shall grant summary judgment if the movant shows that there is no
genuine dispute as to any material fact and the movant is entitled to judgment
as a matter of law. The court should state on the record the reasons for
granting or denying the motion.
A material fact is one that might affect the outcome of the lawsuit

Question 3

rule 56 c

Answer 3

A party asserting that a fact cannot be or is
genuinely disputed must support the assertion by:
A. Citing to particular parts of materials in the record,

OR Showing that the materials cited do not establish the absence or
presence of a genuine dispute, OR that an adverse part cannot produce
admissible evidence to support the fact

pt 2
Objection that a Fact is not Support by Admissible Evidence
A party may object that the material cited to support or dispute a fact cannot be
presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited materials, but it
may consider other materials in the record.

pt 3 not 56c
a party
may file a motion for summary judgment any time until 30 days after the close
of all discovery.

Question 4

rule 41 voluntary and involuntary dismissal

Answer 4

) Voluntary Dismissal: without prejudice unless specified.
* (“Nonsuit”)
* If the other party has not filed a responsive pleading or motion for
summary judgment, Plaintiff can take nonsuit without Court order.
* OR If the other party has responded, then the Plaintiff needs consent or
permission from the Court to dismiss.
* OR Settlement between parties.

involuntary
Failure to prosecute, comply with Rules, OR comply with Court order. Acts as
an adjudication on the merits.

Question 5

default judgement rule 55

Answer 5

clerks default Available if a party fails to plead or otherwise defend.
* Nothing filed, no contact with defendant or their counsel.
* Shown by affidavit to the clerk
for sum certain

judicial default:No response filed, some contact with defendant or their counsel; involves a
minor or incompetent person who has appeared in the case; relief asks for
unliquidated damages or other relief.
* Affidavit and motion to the Court after 7 days notice.
could have jury for damages or conduct accounting

court may set aside for good cause