Trial Procedures

Question 1

What is Summary Judgement?

Answer 1

Summary judgment ends a case or an issue.

Question 2

When will Summary Judgment be granted?

Answer 2

To be granted, the movant must show there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. In federal court, a party can move for summary judgment after 20 days, but in California the party must wait 60 days.

Question 3

When can a Motion for Directed Verdict, or Judgment as a Matter of Law, be made?

Answer 3

A motion for a directed verdict or judgment as a matter of law may be made by a defendant at the close of plaintiff’s evidence, or by either party at the close of all evidence. The motion may be granted only if no reasonable person could differ as to the outcome.

Question 4

When may a Renewed Judgment as a Matter of Law be made?

Answer 4

In federal court, in order to make a renewed motion for judgment as a matter of law, the party must have previously moved for judgment as a matter of law.

Question 5

Recite the Rule Statement for Summary Judgment

Answer 5

Summary Judgment

Movant must show there is no genuine issue of material fact and that movant is entitled to judgment as a matter of law (after 20 days in federal court, 60 days in California)

Question 6

Recite the Rule Statement for Directed Verdict/ Judgment as a Matter of Law

Answer 6

Directed Verdict/JML

Motion for directed verdict or judgment as a matter of law made by defendant at close of plaintiff’s evidence, or at close of all evidence by either party. Granted only if no reasonable person could differ on outcome.