Motions

Question 1

Pre-Trial Motions

Answer 1

Include:

• Rule 12(b)(6) Dismissal
• Dismissal for Failure to Prosecute
• Summary Judgment Motions
• Motion for Judgment on the Pleadings
• Motion for a More Definite Statement
• Motion to Strike

Question 2

Grounds for a Motion to Dismiss

Answer 2

• Lack of SM jurisdiction (never waivable)
• Lack of PJ (waivable if not raised in first motion)
• Improper Venue (waivable if not raised in first motion)
• Insufficient Process (waivable if not raised in first motion)
• Insufficient Service of Process (waivable if not raised in first motion)
• Failure to state a claim upon which relief can be granted (waivable if not raised before trial ends)
• Failure to join an indispensable party (waivable if not raised before trial ends)

Question 3

Timeline for Motion to Dismiss

Answer 3

Motion to dismiss must be filed before an answer is filed within 21 days or 60 days (where service of process was waived).

Question 4

Dismissal for Failure to Prosecute

Answer 4

• If a P fails to prosecute her action or comply with the Federal Rules or a court order, a D may move to dismiss
• Dismissal is with prejudice unless the court says otherwise.

Question 5

Summary Judgment Motions

Answer 5

Will be granted if the moving party shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (facts will be reviewed in the light most favorable to the opposing party).

-Courts will assume that all of the non-moving party’s factual allegations are true (furthermore, it will assume that Ws and affidavits are truthful without looking at credibility).

Question 6

Materials Used For SJ

Answer 6

Information offered to the court for consideration of a SJ motion needs to be admissible at trial.

Question 7

When Can a SJ Motion Be Made?

Answer 7

A motion for SJ may be made any time before 30 days after the close of discovery

Question 8

Burden Under Summary Judgment

Answer 8

The parties cannot rely on the pleadings and expect to prevail.

Question 9

Improper SJ Arguments (Creating a Factual Dispute)

Answer 9

Keep in mind that a party cannot create a factual dispute in their SJ motion (e.g. SJ should be granted because witnesses aren’t credible). This undermines the whole purpose of SJ.

Question 10

Motion for Judgment on the Pleadings

Answer 10

After the pleadings are closed, but early enough not to delay a trial, a party may move for judgment on the pleadings under Rule 12(c).

Question 11

Motion for a More Definite Statement

Answer 11

A party may move for a more definite statement of a pleading which is so vague or ambiguous that the party cannot reasonably prepare a response.

Question 12

Requirements for a Motion for a More Definite Statement

Answer 12

• The motion must:
• be made before filing a responsive pleading and
• must point out the defects complained of and the details desired

Question 13

What Happens When a Court Grants a Motion for a More Definitive Statement

Answer 13

• The at-fault party has 14 days to provide a more definite statement.
• Failure allows the court to strike the pleading or issue another order.

Question 14

Motion to Strike

Answer 14

Motion to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

Question 15

Ways a Court Can Strike Something from a Pleading

Answer 15

A court may:

• act on its own; or
• on a motion to strike made by a party.

Question 16

Time Req. for Motion to Strike

Answer 16

• A party must make a motion to strike before responding to the pleading; or
• If response is not allowed –> within 21 days after being served with the pleading.

Question 17

Judgment as a Matter of Law (JMOL)/ Motion for a Directed Verdict

Answer 17

Analysis is same as that of SJ motion (courts assumes the non-movants Ws are all truth tellers and does not weigh the evidence).

Question 18

When a JMOL Is Granted

Answer 18

If:

• The party against whom judgment is entered has been fully heard on the issue, and
• The party lacks sufficient evidence to prevail on an issue necessary to a claim or defense

Question 19

Post-Trial Motions

Answer 19

• Renewed Motion for Judgment as a Matter of law (JNOV)
• Motion for a New Trial
• Remittitur and Additur
• Relief from a Judgment or Order

Question 20

Standard of Review for JMOL

Answer 20

The evidence will be viewed in the light most favorable to the non-moving party to determine whether the movant is entitled to prevail as a matter of law.

Question 21

Renewed Motion for Judgment as a Matter of Law

Answer 21

Within 28 days after the return of a verdict (or discharge of jury) a party who has timely moved for JMOL may serve a motion to set aside the verdict and any judgment entered on the verdict

Question 22

RJMOL: Did a Party Make an Initial JMOL?

Answer 22

The court may not entertain a renewed motion for JMOL unless a motion for JMOL was made during trial.

Question 23

Standard of Review for RJMOL

Answer 23

If a judge finds that no reasonable jury could interpret the evidence presented as supporting the verdict, a judge may grant the RJMOL.

Question 24

Court’s Options Upon a RJMOL

Answer 24

A court can:

• allow the verdict to stand;
• enter the opposite verdict; or
• order a new trial (even if a motion for a new trial was not made)

Question 25

Motion for a New Trial

Answer 25

Can be brought in the alternative with a RJMOL motion. Grounds include: - against the great weight of the evidence - excessive damages (verdict that is grossly excessive" or "shocks the concience") - procedural error or misconduct - newly discovered evidence

Question 26

Motion for a New Trial: Excessive Damages

Answer 26

If the court agrees that the verdict is excessive they can choose an appropriate amount and let the P choose between accepting that amount or doing a new trial.

Question 27

Motion for a New Trial: Procedural Error or Misconduct

Answer 27

Allowed only if: - error or misconduct likely affected the result of trial, and - the party objected to the error when it had the opportunity to do so - Examples include: wrongful exclusion of evidence, incorrect jury instructions, communications between Ws, and ex parte communications, and juror misconduct.

Question 28

Motion for a New Trial: Newly Discovered Evidence

Answer 28

If a party discovers evidence after the verdict that could not, with reasonable diligence, have been found before the verdict, a new trial is warranted as long as the evidence is not solely for the purpose of impeachment and would likely change the result.

Question 29

Motion for Relief from Judgment

Answer 29

Asks the court to undo the judgment, and set it aside. Must be made within a reasonable time (promptly after learning of the grounds)

Question 30

Motion for Relief from Judgment: Grounds

Answer 30

Include: - Mistake, inadvertence, or excusable neglect - Newly discovered evidence (same analysis as motion for a new trial) - Fraud, misrepresentation, or misconduct by a party - Judgment is void - Judgment has been satisfied - Any other reason that justifies relief (catch-all)

Question 31

Motion for Relief from Judgment: Fraud, Misrepresentation, or Misconduct By a Party

Answer 31

If a party withholds key evidence during discovery, bribes a witness, or makes false statements to the court or other parties

Question 32

Motion for Relief from Judgment: Judgment Has Been Satisfied

Answer 32

If a party has satisfied the judgment entered against it, the party may seek to have the judgment discharged so that it is no longer under the supervision of the court. This type of relief is more often sought in suits involving equitable remedies

Question 33

Motion for Remittitur and Additur

Answer 33

- Motion for remittitur --> asks the judge to reduce the award of damages that are excessive. - Motion for additur- request for an increase in the award of damages (unconstitutional in federal court)

Question 34

Relief from a Judgment or Order: Mistake

Answer 34

The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, or order, or other part of the record