Adjudication Without Trial Flashcards
(13 cards)
What happens if a defendant fails to timely file a responsive pleading in a circuit court action?
The defendant is in default and waives the right to a jury trial, is generally not entitled to notice of further proceedings unless a lawyer appears, and is subject to judgment in favor of the plaintiff unless the action is for divorce or annulment.
Default judgments in divorce or annulment cases require the plaintiff to present evidence for the claim.
What must a plaintiff do before moving for a default judgment in a circuit court?
The plaintiff must mail written notice of its motion for default to the defendant at the defendant’s last known address or the address at which process was served.
If the plaintiff cannot provide notice, they must certify reasonable efforts to notify the defendant.
What can a defendant in default do before the entry of judgment in a circuit court?
The defendant can seek leave of court to file a late responsive pleading by establishing good cause for the failure to file.
Relief from default may require the defendant to reimburse costs incurred by the plaintiff due to the delay.
What is the time limit for a defendant to move to set aside a default judgment?
The defendant may move to set aside the judgment within 21 days after entry of the default judgment.
After 21 days, the defendant can only seek to overturn the judgment under limited circumstances.
In a general district court action, when is a defendant considered in default?
A defendant is in default if they fail to appear on the trial date, unless the plaintiff also fails to appear.
If both fail to appear, the court must dismiss the action without prejudice.
What happens if a defendant appears but the plaintiff does not on the trial date in a general district court action?
The judge must dismiss the action without prejudice to the plaintiff’s right to refile.
This applies if the case is not before the court for trial.
What is the general rule regarding summary judgment in civil actions?
A court may enter a summary judgment in most civil actions, but not in actions for divorce or annulment of marriage.
Summary judgment cannot be sought in divorce or annulment cases.
When can any party move for summary judgment?
Any party may move for summary judgment at any time after the parties are at issue, meaning after responsive pleadings have been filed.
This is in accordance with Rule 3:20.
What is the burden of proof for the moving party in a summary judgment motion?
The moving party must establish that there is no material fact genuinely in dispute.
The court does not weigh evidence but draws inferences favorable to the nonmoving party.
Can a court grant a partial summary judgment?
Yes, a court may grant a summary judgment motion regarding an undisputed portion of a claim or the issue of liability even if the amount of damages is in dispute.
This is governed by Rules 1:11 and 3:20.
What types of evidence can support or challenge a summary judgment motion?
A party may rely on pleadings, pretrial orders, admissions, interrogatories, and documents produced through discovery.
Rule 3:20 outlines these types of supporting evidence.
Under what conditions can a party rely on a discovery deposition in support of a summary judgment motion?
A party may rely on a discovery deposition if all parties agree, if the action is between business entities with $50,000 or more at issue, or if punitive damages are sought.
Special conditions apply for punitive damages claims involving motor vehicle operation under the influence.
What is the exception regarding admissions based on depositions in summary judgment motions?
Requests for admissions may be based on discovery depositions and include admitted facts learned in such depositions, but must not reference the deposition itself.
This is to ensure the focus remains on the admissions rather than the deposition content.
