CH 7 Motion Practice

A motion for a summary judgment is an example of . a. pretrial motion b. trial motion c. posttrial motion d. discovery motion

a

A request by one party to the court for an order requiring the opposing party to comply with a recovery request is a _____. a. motion to compel b. motion to quash c. motion for summary judgment d. motion for new trial

a

Papers filed in court in support of a motion ________. a. are not technically considered pleadings, but resemble pleadings in general format b. are pleadings and must follow all requirements for pleadings c. are served in the same manner as a complaint d. are not considered pleadings and do not resemble pleadings in general format

a

A statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called a(n) ________.

affidavit

A motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as a ________. a. motion for new trial b. motion for judgment notwithstanding the verdict c. motion for directed verdict d. motion in limine

b

A motion is usually supported by a(n) _____. a. sanction b. affidavit c. injunction d. return of service

b

If it is believed that immediate and irreparable harm is about to occur, the appropriate motion to file is a motion for _____. a. a judgment notwithstanding the verdict b. a temporary restraining order c. a summary judgment d. judgment as a matter of law Hide

b

The appropriate motion to attempt to limit a discovery request is a motion for _____. a. summary judgment b. protective order c. sanctions d. change of venue

b

The decision from the court on a motion is known as . a. a judgment b. an order c. a ruling d. all of the above

b

The document entitled "motion" . a. notifies the opposing party of the time and place of the hearing on the motion b. describes the nature of the motion, the grounds for the motion, and the relief requested c. describes the factual basis for the motion d. describes the legal basis for the motion

b

A motion for judgment notwithstanding, the verdict is filed to state that _____. a. a temporary order should be issued to protect the safety of a party to the lawsuit after the verdict b. a memorandum of points and authorities is missing from the records of the court c. no facts have been proved that would support a jury's decision for the opposing party d. critical time limits have not been met as a case has proceeded through the trial process

c

A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ________. a. motion for summary judgment b. motion to strike the pleadings c. motion for judgment on the pleadings d. motion for more definite statement

c

A statement made in the presence of a notary under penalty of perjury is known as a(n) _____. a. order relief b. restraint c. affidavit d. memorandum

c

If a complaint is so vague that the defendant cannot understand or respond to the claims, the appropriate motion for the defendant to file is a _____. a. motion to amend b. motion to strike c. motion for a more definite statement d. motion to compel

c

The party making a motion is known as the.... a. plaintiff b. defendant c. moving party d. responding party

c

A motion _____. a. is an application for a court order b. can be made prior to trial c. can be made during a trial d. All of these choices

d

An affidavit . a. is a statement under penalty of perjury, sworn to before a notary or other person authorized to administer an oath b. describes the factual basis for making a motion c. describes the factual basis for opposing a motion d. all of the above

d

Motions are usually made . a. during the pretrial stage of litigation b. during the trial c. after the trial d. all of the above

d

The purpose of a motion to tax costs is _____. a. to require the cost of taxes to be applied to a judgment b. to provide relief from tax costs associated with trial c. to apportion costs and taxes among multiple parties d. to challenge costs awarded to the prevailing party

d

Which of the following is a posttrial motion? a. Motion for summary judgment b. Motion in limine c. Motion to dismiss d. Motion to tax costs

d

Which of the following is generally required for a motion? a. notice of hearing on the motion b. affidavit or declaration in support of the motion c. memorandum of points and authorities d. all of the above

d

A declaration is a statement made under penalty of perjury and is sworn to before a notary.

false

A motion in limine is a pretrial motion.

false

All motions in federal court are specifically described by the Federal Rules of Civil Procedure.

false

An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.

false

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default. If Salazar's attorney makes a motion to set aside the default, the best person to prepare and sign an affidavit in support of this motion would be Salazar.

false

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default. If Salazar's attorney makes a motion to set aside the default, the moving papers should be personally served on Meyers.

false

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default. If this action is filed in federal court, Salazar's attorney has 21 days from the date default was entered in which to file a motion to set aside the default.

false

Requests for preliminary injunctions are quite different from motions.

false

The term "motion" refers to a document filed in court, but this term is not used to identify the entire process of making a request for an order on a motion from the court.

false

Under the Federal Rules of Civil Procedure, a moving party is required to give 10 days' notice of the hearing on a motion.

false

Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.

in limine

In federal court, a motion for judgment notwithstanding the verdict is now called a motion for ________.

judgement as a matter of law

A document setting forth a legal argument in support of or in opposition to a motion is called a(n) ________.

memorandum of points and authorities

After requesting and obtaining a temporary restraining order, a party would normally request a(n) ________.

preliminary injunction

If an attorney makes a frivolous motion, the court will probably issue ________ against the attorney to punish him or her.

sanctions

A motion requesting that judgment be entered because no true factual disputes exist is known as a motion for a(n) ________.

summary judgement

Sometimes, after reviewing all of the papers in support of or in opposition to a motion, a judge will issue a(n) ________ ruling prior to the court hearing.

tentative

If a motion is served by mail, electronically, or by fax, ________ days must be added to the 14-day notice requirement.

three

Except for motions made during the ________, motions are required to be written, filed in court, and served on opposing attorneys.

trial

A declaration is a statement under penalty of perjury, not sworn to before a notary.

true

A party who opposes a motion usually files affidavits and memoranda of points and authorities.

true

A temporary restraining order usually precedes a preliminary injunction.

true

A typical sanction for an attorney who has abused the motion process is to award attorney's fees to the opposing side.

true

A written order reflecting the judge's ruling on a motion must be submitted to the judge for signature.

true

An order shortening time is often the result of an ex parte motion.

true

If a motion to dismiss is granted, it eliminates the need to file an answer to the complaint.

true

In some courts, the hearing on a motion can be handled through a telephone call rather than an actual appearance in court.

true

In some situations, a telephone conference for the judge and lawyers is permitted in place of an appearance in court regarding a motion.

true

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default. Salazar's attorney should immediately contact Meyers's attorneys to see if they would stipulate to set aside the default

true

Motion practice is often the subject of local rules of court, both in federal and state courts.

true

Motions are usually in writing, filed in court, and served on the other side.

true

Motions resemble pleadings in appearance, but they are not considered pleadings.

true

Paralegals often schedule hearings with the court for motions.

true

Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.

true

Service of moving papers in support of a motion is evidenced by a certificate of mailing.

true

Some courts use declarations in lieu of affidavits.

true

The research for a memorandum of points and authorities is sometimes done by a paralegal.

true

The term that identifies the party making a motion is movant.

true