Table of Contents
When can a defendant move for judgment as a matter of law?
A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment. (3) direct the entry of judgment as a matter of law.
What is a Rule 52?
Rule 52 – Findings and Conclusions by the Court; Judgment on Partial Findings. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately.
What is a Rule 50 motion?
1. The Rule. Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.
What is the standard for judgment as a matter of law?
This is not to say that the court can disregard evidence it disbelieves. Standard law is that a judgment as a matter of law motion must be decided by the court without weighing credibility and granting all reasonable inferences to the party opposing the motion.
Can a plaintiff move for judgment as a matter of law?
In civil cases, the plaintiff presents its case, the defendant presents its case, and the plaintiff may present a rebuttal. Therefore, once the plaintiff has presented its case, the defendant but not the plaintiff can move for JMOL.
Can you amend a judgment?
As California courts have recognized, this includes the power to amend a judgment against a corporation (or other entity) to add as a judgment debtor the entity’s nonparty “alter ego” who controlled the underlying litigation.
Can a plaintiff move for judgment on the pleadings?
(b) (1) A party may move for judgment on the pleadings. (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.
What is the rule for change of Judge?
Now let’s turn our attention to the rule regarding change of judges. For change of judge, Rule 76 (B) states that: In civil actions, where a change may be taken from the judge, such change shall be granted upon the filing of an unverified application or motion without specifically stating the ground therefor by a party or his attorney.
When does a civil judgment need to be entered?
According to Rule 58, “a judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court.”
How to change the judge in a child custody case?
Changing judges in a child custody case requires showing that the judge is impartial or has acted inappropriately in their handling of the case. It is necessary to document any wrongdoing by the judge, such as rulings against you that are not substantiated by the evidence or proof of a relationship between the judge and the other party.
When does a judge not have to make a statement?
This means that since October 1, 1994, statements made by the judge from the bench are not enforceable orders or judgments and a judge is not required to enter a written order or judgment that conforms to any statement made from the bench.