Professional Documents
Culture Documents
2.
c.
d.
e.
3.
Judgment
a. Judgment on the merits
i. Settlement
ii. Voluntary Dismissal
iii. Involuntary Dismissal
iv. Default judgment
v. Dismissal as sanctions for discovery violations
vi. Judgment on the pleadings
vii. Summary Judgment
c.
4.
Evidence
a. Submissions must be viewed in the light most favorable to the non-movant
b. Inferences must be drawn in the light most favorable to the non-movant
c. Judge cannot make credibility determinations or weigh the evidence
d. Judge must ignore all evidence against the nonmovant that a jury would be free to disbelieve
e. Disinterested witnesses who are un-impeached and un-contradicted: the judge has to believe that
witness
New Trial. Rule 59
a. Timing: Must be made within 28 days of the entry of judgment
b. Grounds: Not expressly listed, any reason for which a new trial has been granted in an action at law in federal
court. Types:
a. Verdict is against the weight of the evidence
b. Damages were excessive
c. The trial was not fair to the moving party
d. Substantial errors in the admission or rejection of evidence or instructions to the jury
e. Newly discovered evidence
f. Impermissible argument by counsel
g. Misbehavior by counsel, judge, or members of the jury
c. 50(b) and 59(a) motions can be made at the same time
d. 59(e) motion allows you to fix something in the judgment within 28 days
a. Relief from Judgment. Rule 60
a. Corrections based on clerical mistakes
b. Some Courts construe it liberally to do justice
c. Ct, itself, can correct typos, not time limited. 60(a)
d. Grounds for relief of Final Judgment
a. Mistake, inadvertence, surprise, or excusable neglect
b. Newly discovered evidence
a. Evidence existed at the time of the trial, and
a. Could not have had it in your possession due to circumstances beyond parties control, &
b. Would have an effect on the judgment
c. Fraud, misrepresentation, or misconduct by an opposing party
a. has to be proven by clear and convincing evidence
d. Void
a. If it is entered against your due process rights
e. Judgment has been satisfied
a. Arises only for default judgments
f. Any other reason that justifies relief
d. Appeals
Joinder
i. First ask whether joinder is required of permitted by the Rule (the answer is usually yes)
ii. If so, ask whether there is SMJ over the claim
b. Rule 18(a)
i. A party [already] asserting a claim ... may join ... as many claims as it has against [that] opposing party.
c. Permissive, not compulsory
i. May (not must) join any claims against defendant [SMJ issues]
d. Rule 18(a), more detail
i. A party [already] asserting a claim [FRCP 8],
ii. counterclaim [FRCP 13(a), (b)],
iii. crossclaim [FRCP 13(g)], or
iv. third-party claim [FRCP 14]
v. may join, as independent or alternative claims, as many claims as it has against [that] opposing party.
e. Rule 13. Counterclaim
a. (a) Compulsory Counterclaim
(1) In General. A pleading must state as a counterclaim any claim that--at the time of its service--the
pleader has against an opposing party if the claim:
(A) arises out of the transaction or occurrence that is the subject matter of the opposing party's
claim; and
(B) does not require adding another party over whom the court cannot acquire jurisdiction.