Motions Before Trial

Question 1

TRO / Preliminary Inj.

Answer 1

ex parte w/ cert to notify or why not; 14x (+14 ext.)

Irreparable + Immediate harm
Likelihood of success
balance interests
public interest
bond

Question 2

π voluntary dismissal

Answer 2

P right until

• Fed: ∆ answers or moves for SJ
• CA: trial starts

After = court discretion

Question 3

Involuntary dismissal

Answer 3

FED: must if fail to prosecute, comply with court rules, comply with court order

Can: must if no service in 3 years or trial in 5 years [can if no service in 2 years or trial in 2 years]

Question 4

Default

Answer 4

Clerk note on docket cuts off ∆ right to respond

Question 5

Default Jdg.

Answer 5

by clerk if no ∆ response + claim for sum certain + affidavit supports amount + ∆ not a minor or incompetent

Otherwise court hearing (∆ 7 day notice only if made a prior appearance)

Amt/Type limited to pleadings

∆ can move to set aside w/ good cause (excusable neglect + viable defense)

Question 6

Motion for Failure to State a Claim

Motion for Failure to Plead Facts Constituting a Cause of Action

Answer 6

all facts, assumed true, fail to state a plausible claim

Question 7

Motion for SJ

Answer 7

No genuine dispute of material fact + movant entitled to judgment as matter of law (looks at E in light most favorable to non-movant: depo, affidavits, interrogatories, verified pleadings) (video can trump)