Civ Pro - Fed - Pretrial Through Appeal

Front 1

Voluntary Dismissal

Back 1

P may do 1x w/o prej if before D serves answer or motion for SJ

Second time w/ prejudice, even if 1st in st ct

Front 2

Motion for Failure to State a Claim

Back 2

§ Made before answer

§ Ct assumes all allegations true and asks if P would win a judgment?
□ Ct does not look to evidence

§ If made AFTER answer, same std, but called Motion for Judgment on the Pleadings.

Front 3

Summary Judgment - Requirements and Evidence

Back 3

§ Req for P to show:
□ No genuine dispite as to material issue of fact AND
□ Entitled to judgment as matter of law

§ Court can look to evidence
□ Affidavits can be evidence
□ Pleadings are not evidence (though might be relevant to show admissions)

Front 4

Pretrial conference - what it is and standard for amendment

Back 4

□ Final pretrial conference determines issues to be tried and evidence to be proffered.

Amendment: prevent manifest injustice, conforming to evidence proffered at trial.

Front 5

Jury trial - right and rules

Back 5

i. Right only in legal suits

ii. If equity involve, jury tries all issues of fact underlying the law claim, judge tries all issues of fact pertaining ONLY to equity second.

iii. Must demand in writing no later than 10 days after service of last pleading to raise jury triable issue

iv. Voir dire - unlimited strikes for cause, 3 peremptory, 6-12 jurors, not alts

Front 6

Motion for Judgment as a Matter of Law

Back 6

i. Brought at close of other side's case (D can bring after its own case too)
ii. Std: Reasonable people could not disagree on result
iii. Ct views evidence in light most favorable to nonmoving party (ALWAYS ADD THIS)

Front 7

Renewed motion for judgment as matter of law

Back 7

i. Same as JMOL, but renewed after jury verdict.
ii. Must have moved for JMOL before verdict

Front 8

Motion for New Trial

Back 8

i. Errors require new trial. Exp:
1) Prejudicial error at trial
2) Newly discovered evidence that could not have been obtained with due diligence
3) Prejudicial misconduct of anyone (incl jurors - this is what happened in 1996, and unfair accident or surprise during trial)
4) Verdict is against the law
5) Excessive or inadequate dmgs
6) Error in law during trial

Front 9

Motion to set aside judgment

Back 9

e. Motion to set aside judgment
i. Clerical error

Mistake, excusable neglect

Front 10

Failure to move for renewed JMOL or Motion for New Trial

Back 10

Fed ct: Cannot bring up question of evidentiary sufficiency to support either a judgment as a matter of law or new trial on appeal.

CAL does not have this requirement.

Front 11

Appellate Review - SUMMARY

Back 11

○ Need final judgment - ultimate decision by trial court on merits of case
§ Interlocutory review - REVIEW p32
□ Key:
® Multiple claims in case - judge can direct entry of final judgment on one or more while trial on others ongoing. Exp: Partial SJ
® Class actions - grant or denial of class cert. Have to seek review within 10 days of order.
◊ FILE THIS PETITION IN A COURT OF APPEALS.
○ Must file notice of appeal in TRIAL CT within 30 days after entry of judgment