Pretrial Adjudication LS

Federal Civil Procedure

Adjudication without Trial: Voluntary Dismissal

P can voluntarily dismiss before D serves answer or motion without prejudice

Adjudication without Trial: Involuntary Dismissal

Failure to prosecute, or abide court order

Adjudication without Trial: Failure to State a Claim: Rule 12 (b)(6)

Alleged facts must support legally recognized claim.

Assumes all allegations true, only looks at face of complaint.

Adjudication without Trial: Summary Judgment

Moving Party: Must show no genuine dispute of material fact.

Opposing Party: Show triable issue exists.

Evidence looked at in light most favorable to non-moving party.

Pretrial Conferences: Purpose of Pretrial Conferences

Court may hold as many as needed to expedite case and facilitate settlement.

Pretrial Conferences: Final Pretrial Conference

Court may formulate trial plan. Held close to trial date, may be modified by court only to prevent manifest injustice.

Pretrial Conferences: Sanctions

May be sanctioned for:

1. Failure to attend conference or obey order;

2. Being substantially unprepared or;

3. Acting in bad faith