Motions

Generally the Motion for a New Trial is filed within _______ days after the trial

7-30.

Motions to dismiss and motions for summary judgment are called ______

Dispositive Motions.

Motion for JNOV stands for ____

Judgment Non Obstante Verdicto

Motion for JNOV means ______

Judgment Not Withstanding the Verdict

Under Rule 50 the Federal Rules of Civil Procedure, the motion for directed verdict and JNOV have been replaced by the______

Motion for Judgment as a Matter of Law.

Evidence that is prejudicial may be _______by the other side in court.

Objected

The judge may sustain the objection and then instructs the jury to disregard the evidence. The problem is ______

The jury would have already heard the evidence.

The violation of a motion in limine can result in the court declaring ________

a mistrial.

In Motion for Summary Judgment any evidence that either the movant or the respondent wish the Court to consider must be incorporated in the motion itself, either through _____

affidavits or exhibits.

Motion for Summary Judgment is usually made_____, although it may be filed at other times, as well.

after discovery

Motion to Strike Deemed Admissions asks the court to ______

allow a party to withdraw or amend its deemed admissions.

Motion for a New Trial is decided prior to ___

an appeal.

Motions may be made ______

at any point in the proceedings, although that right is regulated by court rules.

Motion for Judgment as a Matter of Law can be made _____

at the close of the opposing party's evidence and "renewed" after return of the verdict.

Motion to Quash asks the court to _____ .

challenge defects in the citation or service of process

Typically, Motion for JNOV can be used in a ______

criminal case only to reverse a guilty verdict

Motion to Dismiss asks the court to _____

decide that a claim, even if accepted as true, is not one for which the law offers a remedy.

Motion in Limine asks the court to ____

decide that certain evidence may or may not be presented to the jury at the trial.

Motion for Summary Judgment asks the court to ____

decide that the available evidence, even if taken in the light most favorable to the non-moving party, supports a ruling in favor of the moving party.

A Motion to Quash is like the Motion to Abate in that it does not end the suit, but simply ____

delays it.

Motions to compel usually deal with ______

discovery disputes

If Motion to Dismiss is granted, the claim is _____

dismissed without any evidence being presented by the other side.

If Motion for a Directed Verdict is granted, the court _______

dismisses the case.

Motion for a New Trial is proposed by a party who is _____

dissatisfied with the end result of a case.

If Motion for JNOV is granted, the court _______

enters a new verdict.

Summary judgment hearings are not ________

evidentiary hearings

Motion to Extend asks the court to ______

extend the deadline by which a document must be filed.

In criminal cases not guilty verdicts are _____

immune to reversal by the court.

There are three types of motions to transfer:

improper county and convenience of the parties and witnesses; local prejudice; consent of the parties.

You file a Motion to Compel when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are

insufficient.

In a Motion to Abate if the plaintiff corrects, the suit continues. If not, _____

it is dismissed.

Motion to Abate asks the court to

look at facts outside of the pleadings that prove the suit cannot go forward in its present state.

If the motion is granted, then evidence regarding the conviction could ____, without first approaching the judge outside of the hearing of the jury and ____.

not be mentioned in front of the jury obtaining permission.

Motion to Compel asks court to ____

order either the opposing party or a third party to take some action.

Motion for a New Trial asks the court to ____

overturn or set aside a court's decision or jury verdict.

Motion for Continuance asks the court to ______

postpone or delay a case that has been set for trial.

A motion in limine generally addresses issues that would be ______ for the jury to hear in open court.

prejudicial

A motion is a ________

procedural device to bring a limited, but contested, matter before a court for decision.

A motion can be thought of as a ______

request to the judge to make a decision about something to do with the case.

Motion for JNOV asks the court to _____

reverse the jury's verdict on the grounds that the jury could not reasonably have reached such a verdict, or that the verdict is unsupported by the evidence.

Motion for a Directed Verdict asks the court to ____

rule that the party with the burden of proof has not proven the case, and there is no need for the defense to attempt to present evidence.

Motion for a New Trial must be based on _____

some vital error in the court's handling of the trial

An error in the court's handling of the trial can be

the admission or exclusion of key evidence, or an incorrect instruction to the jury.

A motion to dismiss has taken the place of ________ in most modern civil practice.

the common law demurrer

The motion to compel is used to ask the court to sanction the non-complying party for their failure to comply with _____

the discovery requests.

The motion to compel is used to ask the court to order the non-complying party to produce _______

the documentation or information requested

Motion for JNOV is made after____

the jury's verdict.

Motion for a Directed Verdict is made after ____, and prior to the defense ______.

the plaintiff has rested its case presenting any evidence.

Reasons the defendant may file a Motion to Abate

to identify some impediment to the continuation of the suit, identifies an effective cure, and asks the court to suspend the suit until the plaintiff corrects the defect.

Motion to Transfer Venue asks the court to _____

transfer a case to another county in Texas.