Motions Flashcards
(25 cards)
What is one defense that can be raised at any time, even on appeal?
Lack of subject matter jurisdiction.
When must the defense of lack of personal jurisdiction be raised?
In a pre-answer motion or in the answer, or it will be waived.
What is the timing requirement for asserting the defense of improper venue?
Must be raised in a pre-answer motion or in the answer, or it will be waived.
when must defense of insufficient process be raised?
It must be raised in a pre-answer motion or in the answer, or it will be waived.
when must the defense of insufficient service of process be raised?
In a pre-answer motion or in the answer, or it will be waived.
What is the timing for raising the defense of failure to state a claim upon which relief can be granted?
In a pleading, in a motion for judgment on the pleadings, or at trial.
What is the 2-Step Analysis under Rule 12(b)(6) for a failure to state a claim?
court must…
1. Identify and reject legal conclusions unsupported by factual allegations; THEN
2. Assume well-pleaded factual allegations are true and determine if they plausibly give rise to entitlement of relief.
What is required for a claim for relief to be dismissed under Rule 12(b)(6)?
It must fail to assert a cognizable legal theory or fail to allege sufficient facts.
When can the defense of failure to join an indispensable party be raised?
In a pleading, in a motion for judgment on the pleadings, or at trial.
when may a MSJ be filed
any time until 30 days after the closure of discovery
A motion for summary judgment must be granted if…
…from the pleadings, affidavits, and discovery materials on file, when viewing the evidence in the light most favorable to the nonmoving party, it appears that:
1. No genuine dispute of material fact exists; AND
2. The moving party is entitled to judgment as a matter of law.
may be partial (e.g., limited to certain issues rather than the entire case).
Is denial of a motion for summary judgment appealable?
NO.
What is a motion for judgment as a matter of law (JMOL)?
basically the same as a motion for summary judgement (but filed during trial rather than before)
may be filed by either party after the close of the nonmoving party’s evidence or at the close of all evidence
When can a motion for judgment as a matter of law be filed?
After the close of the nonmoving party’s evidence or at the close of all evidence
What must the court find to grant a motion for judgment as a matter of law?
A reasonable jury would NOT have a legally sufficient basis to find for the nonmoving party
What is the former name of a motion for judgment as a matter of law?
Directed verdict
What is a prerequisite for making a renewed motion for judgment as a matter of law after the trial?
Filing a motion for judgment as a matter of law during the trial
True or False: A motion for judgment as a matter of law can only be filed before the trial begins.
False
What is the time frame for filing a renewed motion for judgment as a matter of law?
No later than 28 days after the entry of judgment
This time limit is crucial for preserving the right to challenge the judgment.
What was the former name for a renewed motion for judgment as a matter of law?
Motion for judgment notwithstanding the verdict (JNOV)
This term is no longer commonly used but is important for historical context.
Under what condition can a renewed motion for judgment as a matter of law be filed?
Only if a judgment as a matter of law was previously filed
This requirement ensures that the issue has been previously addressed.
When will the court grant a renewed motion for judgment as a matter of law?
If a reasonable jury would not have a legally sufficient basis to find for the nonmoving party
The court views the evidence in the light most favorable to the nonmoving party.
What limitation is placed on a party filing a renewed motion for judgment as a matter of law?
Generally limited to those issues raised in the motion for judgment as a matter of law
This restriction emphasizes the importance of addressing all relevant issues at the initial motion stage.
reasons for which motion for a new trial may be granted
- An error made at trial that renders the judgment unfair;
- Newly discovered evidence that existed at the time of the trial was inexcusably overlooked and would likely have altered the outcome of the trial;
- Prejudicial misconduct of counsel, a party, the judge, or a juror;
- A verdict that is against the clear weight of the evidence;
- A verdict that is based on false evidence such that a new trial is necessary to prevent injustice; OR
- A verdict that is excessive or inadequate.
