Chapter 7 - Motion Practice - Terminology Flashcards Preview

LAS109 - Civil Pro I > Chapter 7 - Motion Practice - Terminology > Flashcards

Flashcards in Chapter 7 - Motion Practice - Terminology Deck (11):
1

a written statement by a witness made under oath and acknowledged by a notary public

affidavit

2

the combining of two trials or hearings into one

consolidation

3

a failure of a party to respond to the pleadings of the opposing party. Usually the DEF.

default

4

method of terminating a claim when the PLT or other claimant has been guilty of misconduct or inaction

involuntary dismissal

5

a judgment entered after the pleadings have been filed, but before trial, when the undisputed facts as pled show that the movant is entitled to judgment. SImilar to a motion to dismiss.

judgment on the pleadings

6

judgment granted as to fewer than all counts or on one of several issues within a count

partial summary judgment

7

demonstration by a PLT at a motion for default hearing that service on the defaulting party was proper and that allegations of the complaint are true. PLT also must be prepared to show what the proper damages are

prove up

8

a judgment rendered by the court before a trial. A motion brought by one party to the litigation against another in order to obtain a judgment without the necessity of a trial. May be granted only if there are no triable issues of fact. Court's judgment must be based solely on issues of law.

summary judgment

9

a withdrawal of a claim by the party originally asserting the claim

voluntary dismissal

10

one dismissed, the claim may not be refiled

with prejudice

11

once dismissed, the claim may be filed again

without prejudice