Pre Trial motions/Procedure Flashcards
1
Q
Pre Trial Conference
A
Must be attended by attorneys who will conduct trial. Must file a pretrial statement detailing claims and defenses, damages, request for sitpulations, list of witnesses.
Failure to comply means that the attorney pay costs and the other sides attorney fees
2
Q
A plaintiff has a right to voluntary dismissal
A
Any time Prior to D serving an Answer or motion for summary judgment
(after this P has to get leave of court to dismiss without prejudice
3
Q
A involuntary dismissal for lack of SMJ, PJ, venue of failure to join necessary party is
A
without prejudice
4
Q
A dismissal with prejudice is
A
A adjudication on the merits, and give full res judicata effect
5
Q
The standard for appellate review of a dismissal with prejudice is
A
abuse of discretion
