Motions

Question 1

MSJ 56

Answer 1

Party may move for summary judgment, identifying each claim or defense, or part of each claim or defense, on which summary judgment is sought. Ct shall grant if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

• may file at any time until 30 days after close of all discovery
• ct consider all evidence presented in the light most favorable to the non-moving party and must draw all reasonable inferences in favor of the nonmovant.
• moving party has initial burden, opposing party has burden to show specific material facts raising genuine dispute
• record must be admissible evidence

Question 2

JMOL 50

Answer 2

if a party has been fully heard on an issue during jury trial and the ct finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, ct may:
(A) resolve the issue against the party; and
(B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under controlling law, can be maintained or defeated only with a favorable finding on that issue.
- motion for JMOL must be made any time before the case is submitted to the jury. Must specify the judgment sought and the law and facts that entitle movant to the judgment.
- ct considers non moving party’s evidence, and moving party’s uncontradicted and unimpeached evidence
- tests sufficiency of evidence.
- based on evidence, could a reasonable jury render a verdict for the non-moving party

Question 3

renewed motion for JMOL R50

Answer 3

if ct does not grant motion for JMOL under 50(a), ct is considered to have submitted the action to the jury subject to the ct’s later deciding the legal Qs raised by the motion. No later than 28 days after judgment, movant may file renewed motion for JMOL and may include a requst for new trial. Ct may
- allow judgment on the verdict, if jury returned a verdict
- order a new trial, or
- direct the entry of judgment as a matter of law

Question 4

Motion for new trial 59

Answer 4

• standard–clearly erroneoud standard
• assumes sufficiency of evidence

types of arguments
- weight of evidence–> may weigh evidence and assess credibility
- process errors
- new evidence
- excessive or insufficient verdicts

Time–28 days after judgment

Question 5

appeals

Answer 5

1. reviewability
   - prejudicial–caused harm
   - preserved–raised at trial
   - presented–presented on appeal in your brief
2. appealability
   - finality principle–an order is final when it resolves the contested matter, leaving nothing to be done except execution of the judgment
   *discovery not final bc trial cts can always review their own orders

Question 6

Collateral order exception to finality

Answer 6

requires an order involve
1. an issue essentially unrelated to the merits of the main dispute, capable of review without disrupting the main trial (severable)
2. a complete resolution of the issue, not one unfinished or inconclusive (final)
3. a right incapable of vindication on appeal from final judgment (urgent)
4. an important and unsettled question of controlling law, not merely a question of the proper exercise of the trial cts discretion (importance)

*Qualified immunity is also an exception to finality