Motions Flashcards
When can you bring a motion to dismiss for lack of subject matter jurisdiction?
Anytime
Which reasons supporting a motion to dismiss must me brought in the motion or answer or will be waived?
Personal Jurisdiction, Improper Venue, Insufficient Service
When can you bring a motion to dismiss for failure to add a party?
Before or during trial
When can you bring a motion to dismiss for failure to state a claim?
raise before or at trial
When must a motion to strike be brought?
Within 21 days of service
What is a motion for more definite statement?
vague / indefinite
When can you bring a motion for summary judgment?
30 days after discovery
What is the standard for a motion for summary judgment?
no genuine dispute of material fact
Can you appeal a summary judgment motion if it is appealed?
No
When can you bring a judgment as a matter of law?
Defendant may bring at the close of P’s case in chief, both may bring at the end of each party’s case.
What is the standard for judgment as matter of law?
reasonable jury would have enough evidence
When can you bring a renewed judgment as a matter of law?
28 days of verdict (must be preserved by initial motion)
For what reason do you bring a motion for relief from a judgment?
clerical error
Reasons that a motion for new trial will be granted?
1) judge omitted or excluded evidence
2) misconduct
3) verdict against the clear weight of the evidence
