Termination without trial

Question 1

Voluntary Dismissal

Answer 1

can be filed without prejudice any time before opposing party serves answer, motion for summary judgment, or dismissal

P has a right to voluntary dismissal ONCE at any time

Question 2

Involuntary Dismissal

Answer 2

When P fails to prosecute or comply with the rules or court order, D can move to dismiss, which if granted, is with prejudice and operates as an adjudication on the merits

Question 3

Default Judgment

Answer 3

when a party fails to defend an action, P may seek default judgment, which can be set aside for good cause by the court, depending upon whether movant’s failure to act was willful.

Question 4

Summary judgment

Answer 4

No genuine dispute as to any material fact and the movant is entitled to judgment as a matter o flaw.

Court will construe all evidence in light most favorable to the nonmoving party and resolve all doubts in favor of nonmoving party

Question 5

Summary Judgment Burden of Proof

Answer 5

Movant has BOP to show prima facie case before the burden shifts to the opposing party to set forth specific evidence showing the existence of genuine issue of fact.

Question 6

Summary Judgment - Timing

Answer 6

may be filed any time until 30 days after close of all discovery.

Question 7

Declaratory Judgment

Answer 7

Court tells the parties their rights and responsibilities without awarding damages or ordering parties to do (or refrain from doing) anything