Termination without trial Flashcards
When can an action be voluntarily dismissed by the P without order of the court?
Before trial: by serving a notice of dismissal
During trial: stating a dismissal on the record
Any time: by filing a stipulation of dismissal
When can an action NOT be voluntarily dismissed without order of the court?
(1) once a hearing for summary judgment has begun
(2) if a counterclaim is pending against the party wanting to dismiss
(3) if the action has been submitted to the judge or jury for final determination
Under what circumstances may a party more for involuntary dismissal of an action?
(1) failure to prosecute (have significant activity on a case) a claim within 10 months
(2) failure to comply
Voluntary dismissal is _______ prejudice
without
Involuntary dismissal is ___________ prejudice
with
What is a default judgment?
When a party fails to respond to a claim, the pleading party can move for a default judgment.
If no documents have been filed by the defaulting party, the clerk may enter a default.
If documents have been filed by the defaulting party, the judge must respond to the motion for default
What is a motion to set aside a default judgment?
A default judgment can be set aside if you had good cause for not responding and you have a meritorious defense
What is summary judgment?
Intended to pierce the pleadings to determine if there is credible evidence to factually support a party’s claim
When will motion for summary judgment be granted?
(1) Where there is no genuine issue of material fact; and (2) the moving party is entitled to judgment as a matter of law
When must a motion for summary judgment be served?
At least 20 days before the hearing on it
In ruling on a MSJ, what does the court look at?
(1) the motion itself;
(2) supporting memo;
(3) affidavits;
(4) pleadings;
(5) evidence submitted
