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Flashcards in Trial Motions Deck (10)
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1
Q

Rule 56

A

Summary Judgment

2
Q

Rule 56

Standards

A

Movant must show there is NO GENUINE DISPUTE as to any MATERIAL FACTS

and that Movant is ENTITLED TO RELIEF under the law

3
Q

Material Facts

define
use in SJ

A

those facts that affect the outcome of the case

Movant is arguing there is not enough evidence to prove all elements of the claim

Defend by showing there IS a dispute of material facts

4
Q

Rule 56

Requirements

A

Summary judgment must be raised any time until 30 days after close of discovery

must show material facts do not support opposing party’s claims

5
Q

Rule 56

Burden

A

(a) Burden of Production. On the party raising the claim
(1) Movant can SJ its own claim saying evidence so strong
there can be no rebuttal to its position
(2) Movant on opposing’s claim saying evidence hole can’t allow
finding for opposing
(b) Burden of Persuasion. On the party to prove its claims at trial
preponderance of evidence standard for civil trials

6
Q

Rule 50

A

Judgment as Matter of Law (JAML)

7
Q

Rule 50

When raised.

A

JAML Raised after a party has been fully heard on their claims

Court can refrain from ruling until all sides present

Raised again 28 days after jury released only if raised first earlier in trial

8
Q

Rule 50

Standard

A

JAML says there is reasonable evidentiary support

would a jury have sufficient evidence to make a judgment
must have complete absence of probative facts to keep case
from jury
did PL fail to meet their burden of production?

POLICY: court looks in light most favorable to non-moving party

9
Q

Rule 59

define
when
why

A

Motion for New Trial

(a) raised with JAML within 28 days of judgment
(b) error in trial process:
::: jury found against the evidence
::: procedural error
::: misconduct by a juror or attorney
::: newly discovered evidence

10
Q

Difference between

JAML and NT

A

JAML looks at if there is SUFFICIENT EVIDENCE

NEW TRIAL looks at the WEIGHT OF EVIDENCE