Evidence AND Evidence and Motion for summary separate separate judgment statement of undisputed statement of undisputed required NOT required (though, facts facts usually included) 75 days before hearing 10 days before hearing Timing of motion for summary judgment Equity first, then law Law then equity Bifurcated trial w/ legal and (“equity equitable claims first” rule) Need NOT facts/ Must state facts/reasons for Challenging judge in bench reasons for prejudice prejudice (NOT commonly trial used) P’s opening Combined as Nonsuit vs. directed verdict Nonsuit judgment as a statement/case-in-chief, matter of law before jury directed verdict reaches verdict (whether or not submitted to jury) Both ONLY Additur/remittitur Remittitur Claim preclusion Primary Rights Theory Transactional Theory Issue preclusion have been litigated” litigated” “Could “Actually NO YES Appeal pending issue preclusion issue preclusion YES AND YES NO Default judgment claim preclusion claim preclusion, issue preclusion issue preclusion
Motion for summary judgment Evidence AND separate statement of undisputed facts required Evidence and separate statement of undisputed facts NOT required (though, usually included) Timing of motion for summary judgment 75 days before hearing 10 days before hearing Bifurcated trial w/ legal and equitable claims Equity first, then law (“equity first” rule) Law then equity Challenging judge in bench trial Need NOT facts/ reasons for prejudice Must state facts/reasons for prejudice (NOT commonly used) Nonsuit vs. directed verdict Nonsuit P’s opening statement/case-in-chief, directed verdict before jury reaches verdict (whether or not submitted to jury) Combined as judgment as a matter of law Additur/remittitur Both Remittitur ONLY Claim preclusion Primary Rights Theory Transactional Theory Issue preclusion “Could have been litigated” “Actually litigated” Appeal pending NO issue preclusion YES issue preclusion Default judgment YES claim preclusion AND issue preclusion YES claim preclusion, NO issue preclusion
Civ-Pro-II_Bakhshian-Fall-2009.docx