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11 Cards in this Set
- Front
- Back
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What are the 8 bases for a Motion to Dismiss (or for Summary Judgment)?
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"CARL SAND"ers
(Picture KFC guy in courtroom) C: CAUSATION to reasonable degree of medical certainty/probability A: Apparent/Ostensible AGENCY R: RESPONDEAT Superior L: Statute of LIMITATIONS S: Affiant not SWORN before signing A: No AFFIDAVIT at all N: Affidavit not NOTARIZED D: Affidavit notarized later DATE (not contemporaneous with signing) |
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When can plaintiff move for Summary Judgment?
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30 days after commencement of the action (i.e. 'filing')
OR After service of a MSJ by the defendant. |
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HYPO:
1/1/2001 - P files case 1/5/2001 - D files MSJ 1/31/2001 - [30 days after filing] ... When can the P file his MSJ? |
Anytime after 1/5/2001
BECAUSE the D filed a MSJ |
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HYPO:
1/1/2001 - P files case 1/5/2001 - P gets service on D ... When can the P file his MSJ? |
After 1/31/2001
BECAUSE he must wait until 30 days after action is "commenced" (i.e. case is "filed"). |
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When can a Defendant move for Summary Judgment?
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At any time.
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What is the Standard of Review for summary judgment?
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1) Movant's Burden
2) No genuine issue of material fact [undisputed facts] 3) facts viewed in light most favorable to non-movant 4) warrant judgment AMOL |
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How can defendant obtain summary judgment?
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1) Need NOT produce any evidence
2) Point to ABSENCE of evidence supporting >= 1 element of P's claim |
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Can plaintiff avoid summary judgment if he produces evidence on LIABILITY, but NOT on CAUSATION?
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No.
P needs evidence for both prongs. If D points out lack of evidence on either prong, he gets S.J. |
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When does Daubert apply in Georgia for expert testimony?
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When
1) requested, by 2) CIVIL litigant Does NOT apply in criminal cases. |
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What are the 3 requirements for Summary Judgment Affidavits?
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"cap"
(picture baseball cap with 'sum' symbol on the front) 1) Show affirmatively affiant is COMPETENT to testify to the matters stated 2) Made on PERSONAL knowledge 3) Set forth ADMISSIBLE facts |
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If court grants defendant's Motion for Summary judgment, the result is Dismissal WITH PREJUDICE.
If P knows the MSJ will WIN, how can he avoid the problem? |
1) BEFORE court rules on the MSJ
2) Voluntarily Dismiss the claim 3) Refile within 6 months & before SOR expires. |
