Civil Procedure Bar Intensive: Dispositive Motions, Jury Trial, Trial Motions, Verdicts, Defaults, Dismissals, and Post-Trial Relief
» 📘VIEW THE COMPANION STUDY GUIDE📘[💡FREE💡] « ▬▬▬▬▬▬▬▬▬▬ EPISODE SUMMARY Dispositive motions and post-trial procedures require careful attention to procedural posture. A Rule 12(b)(6) motion tests whether the complaint states a plausible claim. The court accepts well-pleaded facts as true, draws reasonable inferences for the plaintiff, disregards unsupported legal conclusions, and ordinarily does not weigh evidence. Judgment on the pleadings is available after the pleadings close and tests whether the pleadings establish entitlement to judgment as a matter of law. If a court considers outside materials on a Rule 12(b)(6) or Rule 12(c) motion and does not exclude them, the motion may be converted to summary judgment, with notice and a reasonable opportunity to respond. Summary judgment is proper when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. A material fact can affect the outcome. A genuine dispute is one on which a reasonable factfinder could find for the nonmovant. The nonmovant cannot rely solely on pleadings once the movant properly supports the motion. The Seventh Amendment preserves a jury-trial right for legal claims in federal civil cases. Money damages are ordinarily legal; injunctions, rescission, and specific performance are generally equitable. A timely written jury demand is required, and failure to demand generally waives the right. Jury selection requires impartial jurors. For-cause challenges require a valid basis, while peremptory challenges are limited and cannot be used for constitutionally prohibited discrimination. Jury-instruction objections must be preserved with proper timing and grounds. JMOL may be granted during a jury trial when a party has been fully heard and no reasonable jury would have a legally sufficient evidentiary basis to find for that party. Renewed JMOL generally requires a preserved pre-verdict JMOL motion and cannot exceed the grounds previously raised. A new trial may be granted for weight-of-evidence problems, excessive or inadequate damages, prejudicial error, juror misconduct, improper argument, newly discovered evidence, or serious procedural irregularity. Remittitur may reduce an excessive award by giving the plaintiff a choice between reduction and new trial. Federal additur is generally unavailable. Default may be entered when a party fails to plead or defend. Default judgment follows separate rules. Default admits well-pleaded liability allegations but not necessarily unliquidated damages. Defaults and default judgments may be set aside under different standards. Voluntary dismissal may be available without court order early in the case or by stipulation. A first dismissal is ordinarily without prejudice, while a second dismissal of the same claim may operate as an adjudication on the merits. Involuntary dismissal may occur for failure to prosecute, obey rules, or comply with court orders, and may operate as a merits judgment unless an exception applies. Relief from judgment is available for specific grounds such as mistake, newly discovered evidence, fraud, void judgment, satisfaction, or extraordinary circumstances. It is not a substitute for appeal. The central lesson is posture. Identify the stage, motion, record, standard, preservation rule, and remedy. That sequence produces clear and accurate Civil Procedure analysis.
