Exam 17: Motions

Why would a party use a declaratory judgment action?

Define -declaratory judgment

May a party use the opponent's responses to requests for admissions to support a motion for summary judgment?

Errors called plain error or fundamental error may not be noted for the first time in a posttrial motion.

Rule 56(c) provides that a summary judgment motion must be served at least days before the hearing.

A motion for judgment notwithstanding the verdict is never combined with a motion for new trial.

A motion for judgment as a matter of law is considered the first step to a dismissal.

How may an appellate court respond to "plain error?"

In federal court, a losing party may simply appeal from the judgment; a motion for a new trial is not necessary.

The party who opposes a summary judgment has the burden of showing there is no dispute concerning any material fact.

Define -judge's minutes

Define -stipulation of facts

May a party use admissions in pleadings to support a motion for summary judgment?

The moving party is entitled to posttrial relief if error was "duly preserved" by:

What four parts should every motion contain?

A party may resort to a summary judgment motion only when the party can present all of the material facts to the court in documentary form, including all but the following:

What may a party do when another party serves and files a motion for summary judgment, yet the first party, wishing to oppose the motion, cannot obtain the necessary documentary evidence with which to oppose the motion?

The moving party does not have to prove that the error did, in fact, affect the outcome of the trial.

Posttrial motions may be combined with one another and may be made in the alternative.

Define -material fact