Term
| Methods of Discovery (Pre-Trial) |
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Definition
| Depositions, Interrogatories, Requesting Documents, Request for Admissions |
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Term
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Definition
| gives a party the right to compel an adverse party to disclose material facts and documents that establishes a cause of action |
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Term
| Interrogatories (One method of discovery) |
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Definition
| A way to obtain written answers to written questions; Can be submitted any time after commencement of action; Inexpensive method of discovery, but not very flexible. |
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Term
| Requesting Documents from a non-party to suit (One method of discovery) |
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Definition
| Rule 34.02 says you can compel non-party to produce documents via subpoena (Rule 45.02) |
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Term
| Request for Admissions (One method of discovery) |
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Definition
| Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why he can neither admit nor deny the truthfulness of the statement |
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Term
| Dispositions without a Trial (a way to end the action before the trial commences). |
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Definition
| Voluntary Dismissal (aka non-suit), Involuntary Dismissal, Default judgment, Summary judgment |
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Term
| Disposition without Trial - Voluntary Dismissal (non-suit) |
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Definition
| Rule 41.01 - gives the plaintiff the right, without permission of the court, to take a dismissal without prejudice (i.e. plaintiff can re-file). Can be done before or during trial. Cannot be done during deliberations or when judge is deciding issue on directed verdict. Be wear of SOL. |
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Term
| Disposition without Trial - Involuntary Dismissal |
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Definition
| Rule 41.02 - the defendant files the motion for a involuntary dismissal. Can only be made after close of plaintiff's case in a bench trial (no jury). Judge can reserve ruling until after defendant's proof. Some types include Rule 12(b)(6), lack of jurisdiction, and frivolous lawsuits. |
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Term
| Disposition without Trial - Default Judgment |
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Definition
| Rule 55 - based upon defendant's failure to take some required action in litigation. Often the action is complete failure to appear or plead (respond). Similar to an involuntary dismissal in that judgment is rendered as a result of process rather than on merits of case. |
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Term
| Disposition without Trial - Summary Judgment |
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Definition
| Rule 56 - Party wins the action (prior to trial) if he can show that (1) no "genuine issue of material fact" exists and (2) that he is "entitled to judgment as a matter of law." - PUT UP OR SHUT UP - Byrd v. Hall - if there is a dispute of a material fact, it must create a genuine issue for trial and this motion will be denied. |
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Term
| During Trial - Motion for Directed Verdict |
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Definition
| Rule 50.01 - improper in non-jury trial, so think JURY TRIAL. Must consider the evidence most favorable to P, allow all reasonable inferences in P's favor. If there is any material evidence to support verdict for P, must deny this motion. |
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Term
| During Trial - Juror Note Taking |
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Definition
| Rule 43A - at discretion of juror. They can't be allowed during break or used to convince other jurors of testimony. |
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Term
| Verdicts and Judgments - Special Verdict |
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Definition
| Rule 49.01 - Jury makes factual determination and judge applies the law. Jury resolves factual disputes by answering specific questions. Comparative fault & divorce are examples of this type verdict. |
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Term
| Verdicts and Judgments - General Verdict |
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Definition
| Rule 49.02 - Jury weighs the facts in light of the court's instructions and renders this type verdict for the plaintiff or defendant. This type verdict asks the jury to decide who wins and how much. |
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