Termination without trial

Question 1

An action may be dismissed by a plaintiff without order of the court as follows:

Answer 1

1. before trial by serving a notice of dismissal
2. during trial stating a dismissal on the record
3. at any time by filing a stipulation of dismissal

Question 2

An action may not be dismissed without order of court:

Answer 2

1. once a hearing for summary judgment has begun
2. if a counterclaim is pending
3. if the action has been submitted to the judge or jury for final determination

Question 3

What effect does a voluntary dismissal have on a plaintiff?

Answer 3

A voluntary dismissal is deemed to be without prejudice

Question 4

How many times can a party dismiss without prejudice?

Answer 4

A party can dismiss without prejudice only once. A subsequent dismissal without prejudice is deemed to be “with prejudice,” and it operates as an adjudication on the merits.

Question 5

Any party may move for dismissal of an action or claim due to:

Answer 5

(1) failure to prosecute a claim → 10 months of inactivity

2) failure to comply (with anything

Question 6

Involuntary dismissal

Answer 6

An involuntary dismissal is deemed to be a dismissal WITH prejudice

Question 7

Default judgment

Answer 7

If a party fails to respond to a claim, the pleading party can move for a default judgment.

If no documents have been filed in a case the clerk may enter a default

If documents have been filed the judge must respond for a motion to default

Question 8

Motion to Set Aside Default Judgment

Answer 8

A default judgment can be set aside if you have good cause for not responding and you have a meritorious defense

Question 9

Summary judgment

Answer 9

is intended to pierce the pleadings to determine if there is credible evidence to factually support a party’s claim.

Question 10

A motion for summary judgment will be granted where:

Answer 10

1. no genuine issue of material fact, AND

2. the moving party is entitled to judgment as a matter of law

Question 11

In making a decision on a motion for summary judgment, a court will look at:

Answer 11

1. the motion for summary judgment, AND
2. the supporting memorandum
3. affidavits, which must be based on personal knowledge and cannot be in bad faith (bad faith = contradicting depo testimony submitted to avoid summary judgment)
4. pleadings
5. evidence submitted

Question 12

When must a motion for summary judgment be served?

Answer 12

at least 20 days before the hearing on it.