Adjudication without Trial

Injunctive Relief is a court order that the defendant either [..1..] or [..2..]

do something, refrain from doing something

A TRO is an order issued to [..1..] the [..2..] until there is a hearing on the preliminary injunction

preserve, status quo

A TRO may be issued [..1..] meaning without notice to the other party

ex parte

For an ex parte TRO the applicant must show under oath that if not issued she will suffer [..1..] and [..2..] if she has to wait until the other side is heard

immediate, irreparable harm

For an ex parte TRO the applicant's lawyer must certify in writing her efforts to give [..1..] or [..2..] notice OR why such notice [..3..]

oral, written, should not be required

If a court issues a TRO the applicant must [..1..] to cover the other side's costs and damages if the TRO was [..2..]

post a bond, wrongful

A TRO must be [..1..] on the defendant [..2..]

served, as soon as possible

A party [..1..] of a TRO ordinarily [..2..] for violating the TRO

without notice, cannot be punished

A ruling granting or denying a TRO ordinarily may […]

not be immediately appealed

A TRO must state its [..1..] describing in detail what the defendant must [..2..]

terms specifically, do or not do

A TRO must state […] it was issued

why

A TRO must state why the threatened injury to the plaintiff was […]

irreparable

A TRO is effective for no more than [..1..] or a lesser time stated by the court

14 days

The restrained party may move to [..1..] or [..2..] the TRO earlier

dissolve, modify

A TRO can be extended for up to [..1..] if the applicant shows [..2..] before its expiration

another 14 days, good cause

A TRO cannot extend beyond […] total

28 days

If a TRO is extended [..1..] it will be treated as a [..2..]

beyond 28 days, preliminary injunction

A preliminary injunction is an order that [..1..] the [..2..] until the court can adjudicate the underlying claim on the merits

maintains, status quo

A preliminary injunction can [..1..] be issued [..2..] as notice to the other side is [..3..]

NEVER, ex parte, always required

For a preliminary injunction the applicant must show she is [..1..] to suffer [..2..] if the injunction is not issued

likely, irreparable harm

For a preliminary injunction the applicant must show she is [..1..] to [..2..] on the merits of the underlying case

likely, win

For a preliminary injunction the applicant must show the [..1..] favors her

balance of hardship

For a preliminary injunction the applicant must show the injunction is in the […]

public interest

There is [..1..] to an injunction the matter is always in the [..2..]

no right, court's discretion

If a court grants a preliminary injunction the applicant must […]

post a bond

A preliminary injunction must state its [..1..] describing in detail what the defendant must [..2..]

terms in specificity, do or refrain from doing

A preliminary injunction must state […] it was issued

why

In granting or denying a preliminary injunction the court must make specific [..1..] and separate [..2..]

findings of fact, conclusions of law

An order granting or denying a preliminary injunction may be [..1..]

appealed as of right

A plaintiff may dismiss voluntarily without court order before the defendant serves an [..1..] OR a motion for [..2..]

answer, summary judgment

Parties may also [..1..] to a voluntary dismissal without a court order

stipulate

Dismissal with court permission is required if the plaintiff [..1..] to dismiss without court permission UNLESS there is a [..2..] of parties

no longer has the right, stipulation

For dismissal with court permission the plaintiff makes a [..1..] and the court has [..2..] to grant it

motion, discretion

The [..1..] voluntary dismissal is [..2..] meaning the plaintiff can refile the case

first, without prejudice

The [..1..] voluntary dismissal is [..2..] which operates as an [..3..] on the [..4..] and the claim is gone

second, with prejudice, adjudication, merits

Default is a [..1..] by the [..2..] on the docket sheet indicating the defendant [..3..] to the complaint in time

notation, court clerk, did not respond

A defendant usually must respond within [..1..] after being [..2..]

21 days, served with process

If service of process was [..1..] the defendant has [..2..] to respond from when the plaintiff mailed the waiver

waived, 60 days

Default is [..1..] the plaintiff must [..2..] the entry of default

not entered automatically, move for

To get an entry of default the plaintiff must demonstrate that the defendant […] in time

failed to respond

Until default is on the [..1..] the defendant can still respond by motion or answer even beyond the deadline

record

The entry of default [..1..] the defendant's [..2..]

cuts off, right to respond

The entry of default does not by itself […] the plaintiff

grant relief

A default judgment is required for the plaintiff to [..1..] after an [..2..]

obtain relief, entry of default

The [..1..] can enter a default judgment [..2..] all four conditions are met

clerk of court, ONLY IF

For clerk entry of default judgment the defendant must have made [..1..] at all (has not [..2..])

no response, appeared

For clerk entry of default judgment the claim itself must be for a [..1..] in money ([..2..])

sum certain, liquidated

For clerk entry of default judgment the plaintiff must give an [..1..] that the [..2..]

affidavit, sum is owed

For clerk entry of default judgment the defendant must not be a [..1..] or [..2..]

minor, incompetent person

If any conditions for clerk entry of default judgment are [..1..] the plaintiff must [..2..] for the default judgment

not met, apply to the court

For court entry of default judgment the judge will [..1..] and has [..2..] whether to enter the judgment

hold a hearing, discretion

The defendant is entitled to [..1..] of the court default judgment hearing if she has [..2..] in some way in the case

notice, appeared

A plaintiff cannot recover [..1..] in a default judgment than what was [..2..] in the complaint

more, pleaded

A plaintiff cannot get a [..1..] kind of relief in a default judgment from what she [..2..] in the complaint

different, pleaded

The defendant may move to [..1..] a default or a default judgment

set aside

To set aside a default or default judgment the defendant must show [..1..] (e.g. [..2..])

Good cause, excusable neglect

To set aside a default or default judgment the defendant must show a […]

viable defense

Rule 12(b)(6) is a motion to dismiss for […]

failure to state a claim

A 12(b)(6) motion [..1..] whether the case should be in the [..2..] at all

tests, litigation stream

A motion for judgment on the pleadings is the [..1..] as a 12(b)(6) motion but made [..2..] the defendant has [..3..]

same motion, after, answered

For a 12(b)(6) motion the court [..1..] the plaintiff's [..2..]

ignores, legal conclusions

For a 12(b)(6) motion the court looks [..1..] the plaintiff's [..2..] in the complaint

only at, allegations of fact

For a 12(b)(6) motion the court […]

does not look at evidence

For a 12(b)(6) motion the court asks: If these facts are [..1..] do they state a [..2..]

true, plausible claim

For a plausible claim the judge uses her own [..1..] and [..2..] to determine plausibility

experience, common sense

If a 12(b)(6) motion is [..1..] the court might [..2..] the plaintiff to [..3..] the complaint

granted, allow, amend

Rule 56 governs motions for […]

summary judgment

A motion for summary judgment is used [..1..] the case has been filed and the plaintiff has [..2..] any Rule 12 [..3..]

after, survived, motions

The only reason to have a trial is to [..1..] of [..2..]

resolve disputes, material fact

If there is [..1..] of [..2..] a trial is not needed and [..3..] can be entered

no dispute, material fact, summary judgment

For summary judgment the moving party must show there is no [..1..] on a [..2..]

genuine dispute, material fact

For summary judgment the moving party must show she is entitled to judgment as a [..1..] of [..2..]

matter, law

If the summary judgment standard is met the court is [..1..] to grant it and has some [..2..] the motion

not necessarily required, discretion to deny

Any party can move for summary judgment no later than [..1..] days after the close of [..2..]

30, discovery

Partial summary judgment (Summary Adjudication) may be granted for part of a [..1..] such as [..2..] with the case proceeding to trial on other issues like [..3..]

claim, liability, damages

In summary judgment the court can […]

look at evidence

In summary judgment the court views evidence in the light [..1..] favorable to the [..2..] party

most, non-moving

Evidence in summary judgment is typically proffered in forms such as [..1..] or [..2..] all of which are under oath

affidavits, declarations

If the opposing party needs [..1..] to find evidence for summary judgment she may file an [..2..] or [..3..] under oath

more time, affidavit, declaration

An affidavit or declaration to delay a summary judgment ruling must state […]

what the evidence would be

For delaying a summary judgment ruling the court may […] for the party to obtain evidence

allow more time

Pleadings like a complaint or answer are [..1..] in summary judgment [..2..] they are verified (made under oath) which is rare

NOT evidence, UNLESS

If a defendant failed to [..1..] an allegation in the complaint it can be treated as a [..2..] on summary judgment

deny, fact

The judge […] on summary judgment

does not assess credibility

If firsthand knowledge evidence creates a [..1..] on a [..2..] summary judgment must be denied

dispute, material fact

Exception to credibility rule for summary judgment if an authenticated [..1..] or [..2..] of an accident scene [..3..] a witness's version the court can grant summary judgment

videotape, audiotape, totally discredits

During a trial, JMOL may be filed [...] before submission of the case to the jury.

any time