FOURTH BIG TOPIC: ADJUDICATION Flashcards
Before the trial starts when can P move to dismiss?
P can move to dismiss anytime before trial starts.
P can move to dismiss anytime before trial starts. The decision is for the court to make. Is such a dismissal without prejudice?
That is up to the court.
If P moves for voluntary dismissal after trial starts what is the only way it will be granted?
it may be granted only with prejudice, unless the parties stipulate otherwise or the court finds good cause to dismiss without prejudice.
All courts (federal and state) have authority to dismiss for what?
failure to prosecute, failure to abide by court orders or rule and, of course, for the various reasons that can be raised by demurrer, motions to quash, etc.
California state courts have discretion to dismiss if the case has not been brought to trial (or defendant has not been served with process) within how long?
2 years.
in California state courts, case must be dismissed if what? (2 circumstances)
1) Not brought to trial within 5 years of filing (exclude time when all proceedings were stayed) or
2) process is not served within 3 years after filing. (exclude time when any stay affected service)
When can an application for default judgment be seeked?
D fails to respond to the complaint within 30 days of the effective date of service of process on her.
What notice must be given for a default judgement?
Under what 5 circumstances can the clerk enter a default judgment without the judge’s involvement?
- D must be given notice of the application for entry of default.
- Default judgment can be entered by the clerk without a judge’s involvement if
- - D made no response at all
- - the claim is on a contract or judgment
- - the claim is for a sum certain in money
- - D was not served by publication AND
- - P provides an affidavit stating relevant facts
