Trial and Related Motions Flashcards
Voluntary Dismissal Without Prejudice to Refile
Fed. 1 free shot BEFORE answer is served.
Oregon: 1 free shot UP TO 5 days before Trial.
Responsive Motions
Waiver Motion, Motion to Dismiss, Summary Judgment, Directed Verdict, Judgment Not withstanding the Verdict, New Trial, Trial by Jury,
Waiver Motion
Fed. motion to dismiss for lack of PJ or improper process, or any motion challenging venue is waived if not objected to in 1st response.
Oregon: Motion to dismiss for improper PJ/improper process must be in 1st response BUT motion challenging venue must be filed before answer.
Motion to Dismiss
Fed. complaint fails to state fact which places adversay on notice of plausible claim.
Oregon: complaint fails to state ultimate facts which constitute a claim for relief.
Summary Judgment
No genuine issue of material fact such that judgment becomes proper as a matter of law.
Fed Nuances: motion must be filed within 30 days of close of discovery, burden shift to non-moving party to demonstrate genuine issue.
JNOV/Directed Verdict
After adversary’s case in cheif motion may be filed and will be granted if: legally insufficient evidentiary basis from which a reasonable jury would find for non-moving party. MUST FILE TO KEEP OPEN JML or RJNOV
Judgment Not Withstanding the Verdict
Within 28 days of judgment in Fed Ct. 10 in Oregon Motion may be filed and granted if, there was a legally insufficient evidentiary basis from which a reasonable jury could have found for non-moving party.
New Trial
Request within 28 days (fed) or 10 (Oregon) may be granted at Court’s discretion if: ERROR at trial substnatially affected parties TRIAL RIGHTS.
Verdict merely against manifest weight of evidence.
Juror and Verdicts
Fed: May be 6 or 12, must be unanimous
Oregon - Usually 12, but 3/4 vote is sufficient.
