Chapter Questions
How soon must a posttrial motion be made?
What are the criteria for deciding whether the court should order an additur?
What role may a paralegal have in handling a posttrial motion?
What is meant by plain error, and how does it differ from other error?
In the absence of plain error, what two circumstances must be established to justify an order for a new trial?
What four parts should every motion contain?
What are the criteria for granting a motion for judgment as a matter of law?
When does a party move for amended findings rather than a new trial?
Who decides whether an error was prejudicial to the moving party?
What are the potential benefits to a party who makes a motion for summary judgment?
In what form must the evidence be presented to support a motion for summary judgment?
At what point in a civil action may a defendant make a motion for summary judgment?
When is a disputed fact considered material so as to preclude a summary judgment?
Could a moving party use an opposing party's signed, unsworn statement to establish a fact to support a motion for summary judgment? If so, how?
May a party move the court to order a partial summary judgment?
May a party use admissions in pleadings to support a motion for summary judgment?
May a party use her or his own answers to interrogatories to oppose a motion for summary judgment?
May a party use the opponent's responses to requests for admissions to support a motion for summary judgment?
May a court grant summary judgment against the moving party?