Lecture - Week 10 - Motions Flashcards Preview

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Flashcards in Lecture - Week 10 - Motions Deck (11):
1

5 steps to motion practice

1. file the motion
2. give a copy to the opposing party
3. give a copy to the judge
4. make a note of copy given on mailing certificate'
5. e-file as PDF

2

Before a motion, try an (1) which is e-filed in (2) and can be manipulated by the (3). Before it is signed by the judge, its status will be (4). If you know both parties agree, the order is submitted with a (5). If parties don't agree, it becomes a (6)

1. order
2. Word format (2003)
3. judge
4. "submitted"
5. stipulation
6. motion

3

Answers to motions go in what order?

1. motion
2. response
3. reply

4

Each judge has a motion day, which is called a (1) and is devoid of (2).

1. dark day
2. trials

5

The request for oral argument in a motion goes between (1) and (2), in (3). If you forget to request this, it can be done in a (4) or added into the (5).

1. Title
2. judge
3. parentheses
4. separate motion
5. reply

6

The length of time from the reply to a motion until the hearing (1). Response time from a standard motion is (2); if it is mailed, add (3). The response time for a reply supporting a standard motion is (4).

1. depends on the judge's schedule
2. 10 days
3. 5 days
4. 5 days

7

In lieu of an answer to a complaint, a (1) can be filed within (2).. Once filed, the response and reply times are (3) and (4) days.

1. motion to dismiss
2. 20 days
3. 10
4. 5

8

2 types of discovery motions

1. Motion to Compel (to produce discovery, should show good-faiths attempts like reminder letters)(10&5)
2. Motion for Protective Order (not to have to produce certain discovery)(privileged info, unreasonable requests, trademarks/patents)(10&5)

9

A (1) is made if there is "no genuine issue of fact." These can be (2) if, for example, you admit only liability. These are due (3) prior to trial; the response time is (4), and the reply time is (5). They are accompanied by a (6).

1. Motion for Summary Judgment
2. partial
3. 90 days
4. 30 days
5. 15 days
6. Memorandum of Points and Authorities

10

A (1) seeks to prevent information that came out in discovery from being presented to a jury. The object is to prevent (2). Sometimes the R&R time is (3); sometimes it is (4). There is no reply unless the (5). This motion must be filed (6) prior to trial.

1. Motion in limine
2. jury prejudice
3. 10&5
4. expedited
5. judge allows
6. 30 days

11

Page limits are (1) for motions, (2) for responses, and (3) for replies. This does not include (4).

1. 15 pages
2. 15 pages
3. 10 pages
4. exhibits