nonsuits and post-trial motions

Question 1

nonsuit

Answer 1

voluntary withdrawl of a claim p has made

Question 2

p has absolute right to nonsuit at any time before

Answer 2

motion to strike has been sustained, jury retires to deliberate, case has been submitted for decision

Question 3

first nonsuit

Answer 3

matter of right subject to three conditions set above

Question 4

subsequent nonsuits need

Answer 4

consent of other side or permission by judge

Question 5

party taking nonsuit may refile

Answer 5

any time before SOL expires or 6 months of order, whichever is longer

Question 6

can p nonsuit if there is a pending counterclaim, crossclaim, etc

Answer 6

no unless it can be independently adjudicated

Question 7

courts have power to control, modify, vacate for

Answer 7

21 days after entry and no longer

Question 8

What is a final order?

Answer 8

Ct is done with the case and judgment becomes final and beyond the control of trial court after 21 days of entry of judgment

Question 9

demurrer

Answer 9

considered final if no leave to amend; if they do not file after leave of maned then it is final

Question 10

pleas in bar and motion for summary judgment

Answer 10

considered final

Question 11

order granting motion to strike is not

Answer 11

final unless also express exters summary judgment

Question 12

party may move for the court to enter a judgment notwithstanding the verdict or order new trial if

Answer 12

finding contrary to evidence or shocks the conscience

Question 13

once a judge sets aside verdict

Answer 13

he cannot revive it