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Civil Procedure Dispositive Motion Chart

There are several types of dispositive motions that can be filed at different stages of trial proceedings. A motion for summary judgment allows parties to test their legal theories based on discovery materials and can be used to dismiss claims prior to trial. A motion for directed verdict challenges the sufficiency of the opposing party's evidence during trial. Similarly, a JNOV motion asks the judge to overturn the jury's verdict based on the trial evidence. A motion to dismiss questions whether the complaint itself establishes a valid cause of action.

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1K views1 page

Civil Procedure Dispositive Motion Chart

There are several types of dispositive motions that can be filed at different stages of trial proceedings. A motion for summary judgment allows parties to test their legal theories based on discovery materials and can be used to dismiss claims prior to trial. A motion for directed verdict challenges the sufficiency of the opposing party's evidence during trial. Similarly, a JNOV motion asks the judge to overturn the jury's verdict based on the trial evidence. A motion to dismiss questions whether the complaint itself establishes a valid cause of action.

Uploaded by

Dana Dohn
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as EHTML, PDF, TXT or read online on Scribd
  • Dispositive Motions In Trial Order

Dispositive Motions In Trial Order Motion When What Pleadings Legal issues have been thoroughly researched and

nd it has a strong basis in the law that exists now or application there of Cannot file every time or you will have a Rule 11 violation Discovery materials and affidavits Can takes claims out of the litigation Motion for Summary Judgment Filed during or after Discovery- in Pretrial It gives you an opportunity to test out your theory in the case Defendants and also plaintiffs file Fairly cumulative Opponents have to prove that the case should continue Motion for Directed Verdict Trial close of the opponents case Only looking at trial evidence 1 of 2 trial motions that also applies In the criminal context Asking to overturn the jurys verdict Concerning trial evidence JNOV (judgment notwithstanding the verdict) After the verdict Unlikely that you are going to win at this stage Can only be filed if you also moved for Directed Verdict

Pleading Motion to Dismiss On its face the complaint does not have a good case

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