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6 Cards in this Set
- Front
- Back
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Voluntary Dismissal
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BY COURT ORDER -- Plaintiff will have to pay Defendant's costs
BY FILING Written Notice of Dismissal (before Def responds -- WITHOUT PREJUDICE for first dismissal) |
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Default
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Defendant fails to respond within 21 days after being served with process -- CLERK enters for Plaintiff, NEED JUDGMENT to collect
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Failure to State a Claim -- FRCP 12(b)(6)
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Tests sufficiency of Plaintiff's allegations.
If all facts alleged were true, would Plaintiff win a judgment (on the face of the claim, no evidentiary inquiry) AFTER D's answer --> Motion for Judgment on the Pleadings |
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Summary Judgment
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1) No generial dispute as to a material fact
2) Defendant entitled to judgment by law |
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Summary Judgment Standard
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Court generally views evidence in light most favorable to the non-moving party.
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Conferences
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1) Rule 26(f)
2) Scheduling Order 3) ***Pre-trial conferences*** (final pre-trial conference defines issues at trial, recorded in pre-trial order that superceds pleadings) |
