Termination Without Trial

Question 1

An action may be dismissed by the π WITHOUT order of the court before trial by:

Answer 1

serving a notice of dismissal

Question 2

An action may be dismissed by the π WITHOUT order of the court during trial by:

Answer 2

stating on the record (that you’re dismissing)

Question 3

An action may be dismissed by the π WITHOUT order of the court at any time by:

Answer 3

filing a stipulation of dismissal.

Question 4

An action may NOT be dismissed without order of the court:

Answer 4

1. once a hearing for SJ has begun
2. if a counterclaim is pending against the party wishing to dismiss
3. if the action has been submitted to the fact-finder (judge or jury) for final determination

Question 5

A voluntary dismissal is deemed to be:

Answer 5

a dismissal WITHOUT prejudice.

Unless it’s not the first time dismissing. Only get ONE dismissal without prejudice.

Question 6

Involuntary dismissal - a party may move for dismissal of an action or claim due to:

Answer 6

1. Failure to prosecute

2. Failure to comply

Question 7

Requirement - Failure to prosecute

Answer 7

No record of activity for 10 months

Question 8

Requirement - Failure to comply

Answer 8

Court tells you to do something, and you don’t do it.

Question 9

An involuntary dismissal is deemed to be:

Answer 9

WITH prejudice

Question 10

If NO documents have been filed in a case, who may enter default judgment?

Answer 10

The clerk

Question 11

If documents HAVE been filed in a case, and you file for default judgment:

Answer 11

The judge must respond to a motion for default

Question 12

Mtn to Set Aside Default Judgment - when successful?

Answer 12

A DJ may be set aside if the ∆ shows good cause for the default, AND a meritorious defense.

Question 13

Standard for Summary Judgment

Answer 13

Motion for SJ will be granted where:

1. No genuine issue of material fact
2. AND the moving party is entitled to judgment as a matter of law

Question 14

In evaluating a Mtn for SJ, the court will look at:

Answer 14

1. The mtn itself
2. supporting materials
3. Affidavits
4. Pleadings (looking at whether there’s a genuine issue material facts - have to look at the pleadings to determine what the facts are)
5. other SJ evidence, such as depos

Question 15

Affidavits, in a Mtn for SJ

Answer 15

Must be based on personal knowledge, AND a party cannot file an affidavit that changes depo testimony.

Question 16

Timing for Mtn for SJ - service

Answer 16

Must be served at least 20 days before the hearing on it.