Pre-Trial & Trial

Front 1

Pre-Trial

Back 1

-Commencement
-Default Judgment
-Voluntary Dismissal
-Involuntary Dismissal [FRCP 41(b)]
-Summary Judgment [FRCP 56(c)]

Front 2

Commencement

Back 2

-Summons [FRCP 4]
-Service of Other Process [FRCP 4.1]
-Pleadings & Other Papers [FRCP 5]

Front 3

Summons
[FRCP 4]

Back 3

-Service w/ Complaint in Proper Form
-Waiver of Service & Duty to Save Costs
-Substituted Service

Front 4

Waiver of Service & Duty to Save Costs

Back 4

-P may notify D in writing accompanied by copy of Complaint
-D bears cost of service for failure to comply

Front 5

Substituted Service

Back 5

Delivery to "person of suitable age & discretion" residing at D's dwelling house

Front 6

Service of Other Process
[FRCP 4.1]

Back 6

Effected by U.S. marshal or by special appointment

Front 7

Pleadings & Other Papers
[FRCP 5]

Back 7

-Service made upon attorney or upon party if ordered by Ct.
-Service by hand, by mail, or by electronic means upon 1st obtaining consent from party served [FRCP 5(b)]
-Filed w/ Ct. together w/ certificate of service

Front 8

Default Judgment

Back 8

Failure to Plead or Otherwise Defend:
-D who defaults in one jur. may collaterally attack the Default Judgment when sued in another jur.
-D who appeared w/o objecting to jur. may not collaterally attack judgment

Front 9

Bases to Collaterally Attack when Sued in Another Jurisdiction:

Back 9

-Personal Jur: 1st Ct. lacked
-In Rem or Quasi In Rem Jur: 1st Ct. lacked
-SMJ
-Fraud by P

Front 10

Voluntary Dismissal

Back 10

-Without Prejudice
-With Prejudice
-Without Leave of Court

Front 11

Voluntary Dismissal Without Prejudice:

Back 11

-P may voluntary dismiss complaint w/o prejudice anytime BEFORE D serves answer or moves for a Summary Judgment
-1st Dismissal only is w/o prejudice, others would be barred by RES JUDICATA (As if fully litigated & decided against P)

Front 12

Voluntary Dismissal With Prejudice:

Back 12

P may NOT bring the suit again

Front 13

Voluntary Dismissal Without Leave of Court:

Back 13

-Need not ask for court's permission
-If after D's answer or summary judgment, P needs Ct.'s approval [FRCP 41(a)(2)]

Front 14

Involuntary Dismissal
[FRCP 41(b)]

Back 14

-Grounds
-With Prejudice

Front 15

Involuntary Dismissal Grounds:

Back 15

-Failure to Prosecute
-Reasons listed in Rule 12(b)
-Motion by D at end of P's case for P's failure to show he/she is entitled to relief
-Failure of P to comply w/ Ct. rules or orders

Front 16

Involuntary Dismissal With Prejudice:

Back 16

Usually an involuntary dismissal is w/ prejudice & has the effect of an adjudication on the merits except:
-Dismissal for lack of Jurisdiction
-Improper Venue
-Failure to Join an indispensable party under Rule 19

Front 17

Summary Judgment
[FRCP 56(c)]

Back 17

-Grounds
-Proof
-Burden
-Partial Summary Judgment

Front 18

Grounds for Summary Judgment:

Back 18

-There is no genuine issue of material fact
-Moving party is entitled to judgment as a matter of law

Front 19

Johnson v. Jones

Back 19

Order determining whether pretrial record sets forth genuine issue of fact for trial is not appealable

Front 20

Proof for Summary Judgment:

Back 20

-Affidavits
-Depositions, interrogatories, & answers may supplement affidavits

Front 21

Affidavits:

Back 21

-Made on personal knowledge, stating only such facts that would be admissible at trial
-Must show affirmatively that affiant is competent to testify to the matters stated therein [FRCP 56(e)]

Front 22

Burden of Summary Judgment:

Back 22

Movant bears burden of coming forward establishing that there is no factual dispute

Front 23

Cellotex Corp. v. Catrett

Back 23

May be entitled to summary judgment by showing the existing record provides no evidence that other side will be able to prove an essential element of its case

Front 24

Partial Summary Judgment:

Back 24

-Losing party may appeal pretrial summary judgment while undisposed claims are being tried
-Ct. is allowed to grant summary judgment on issue of liability alone where a genuine issue concerning damages remains

Front 25

Trial

Back 25

-Directed Verdict
-JNOV: Judgment Not Withstanding Verdict
-New Trial

Front 26

Directed Verdict:

Back 26

Motion for Judgment as Matter of Law:
-Standard [FRCP 50]: There is no legally sufficient evidentiary basis for a reasonable jury to have found for that party w/ respect to that issue"
-When made: at end of P's case or at end of all evidence

Front 27

JNOV:

Back 27

Renewed Motion For Judgment As Matter of Law:
-Standard: Record lacks "substantial evidence such that fair-minded people could differ"
-When made: w/in 10 days of judgment