Trial Motions Flashcards
Rule 56
Summary Judgment
Rule 56
Standards
Movant must show there is NO GENUINE DISPUTE as to any MATERIAL FACTS
and that Movant is ENTITLED TO RELIEF under the law
Material Facts
define
use in SJ
those facts that affect the outcome of the case
Movant is arguing there is not enough evidence to prove all elements of the claim
Defend by showing there IS a dispute of material facts
Rule 56
Requirements
Summary judgment must be raised any time until 30 days after close of discovery
must show material facts do not support opposing party’s claims
Rule 56
Burden
(a) Burden of Production. On the party raising the claim
(1) Movant can SJ its own claim saying evidence so strong
there can be no rebuttal to its position
(2) Movant on opposing’s claim saying evidence hole can’t allow
finding for opposing
(b) Burden of Persuasion. On the party to prove its claims at trial
preponderance of evidence standard for civil trials
Rule 50
Judgment as Matter of Law (JAML)
Rule 50
When raised.
JAML Raised after a party has been fully heard on their claims
Court can refrain from ruling until all sides present
Raised again 28 days after jury released only if raised first earlier in trial
Rule 50
Standard
JAML says there is reasonable evidentiary support
would a jury have sufficient evidence to make a judgment
must have complete absence of probative facts to keep case
from jury
did PL fail to meet their burden of production?
POLICY: court looks in light most favorable to non-moving party
Rule 59
define
when
why
Motion for New Trial
(a) raised with JAML within 28 days of judgment
(b) error in trial process:
::: jury found against the evidence
::: procedural error
::: misconduct by a juror or attorney
::: newly discovered evidence
Difference between
JAML and NT
JAML looks at if there is SUFFICIENT EVIDENCE
NEW TRIAL looks at the WEIGHT OF EVIDENCE
