General
Which motion asks the court to rule in your favor without going to trial, due to no disputed material facts?
Motion for Summary Judgment
When can a motion for summary judgment be filed?
After the issue has been joined in action.
Until 30 days after the close of discovery
Difference between motion and ruling
Motion is the request from the party; ruling is the court's decision
A defendant thinks the complaint is legally insufficient. What motion should they file?
Motion to quash service
When would you move for a voluntary non-suit?
When the plaintiff does not want to pursue the case anymore
When can a party move for directed verdict?
What do we call the party that moves for a motion?
Movant or moving party
Why might a plaintiff voluntarily dismiss a case without prejudice?
Discover new evidence, new legal strategy, or maybe because they know the ruling will be against them
What are the two possible outcomes when a judge rules on a motion?
The judge can GRANT or DENY a motion
Which motion can be filed after pleadings but before trial and aims to avoid trial altogether?
When the plaintiff voluntarily dismisses the case, there are two possible outcomes, what are their names?
WITH PREJUDICE AND WITHOUT PREJUDICE
What strategic benefit does a motion for judgment on the pleadings offer?
Early resolution without full discovery or trial
What procedural defects can a party use to move to quash service?
Example given lack of personal jurisdiction, or improper venue
Have moved for a directed verdict and it was denied
When do I have PREJUDICE with the voluntary non-suit, and what can I do when I do nor have prejudice?
After the verdict, the losing party discovers the jury foreperson had a personal relationship with the plaintiff. What motion might they consider?
Motion for a new trial - jury misconduct
What were the two exmaples in which a motion for a new trial could be granted?
1) Error or unforeseen circumstances
2) Evidence against the jury's decision
Can I file for a motion to quash/dismiss service when the trial has begun?
No, it is a pre-trial motion. I am arguing that there are illegalities or irregularities in the beginning of the process.
What do we call the written argument that often accompanies a motion to quash service?
Memorandum
After hearing all the evidence at trial, a party believes no reasonable jury could rule against them. What motion should they file before the case goes to the jury?
Motion for directed verdict