Deck 7: Motion Practice

Question 1

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.

Answer 1

True

Question 2

The type of motion filed in this case is known as an ex parte motion.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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 these choices.

Question 5

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

Question 6

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.

Question 7

The party making a motion is known as the ________.

A) plaintiff
B) defendant
C) moving party
D) responding party

Question 8

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

Question 9

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

Question 10

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.

Question 11

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

Question 12

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

Question 13

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.

Question 14

Papers filed in court in support of a motion are ________.

A) not technically considered pleadings but resemble pleadings in general format
B) pleadings and must follow all requirements for pleadings
C) served in the same manner as a complaint
D) not considered pleadings and do not resemble pleadings in general format

Question 15

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 these choices.

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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

Question 22

The decision from the court on a motion is known as a(n) ________.

A) judgment
B) order
C) ruling
D) All of these choices.

Question 23

Motions are usually made ________.

A) during the pretrial stage of litigation
B) during the trial
C) after the trial
D) All of these choices.

Question 24

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

Question 25

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.

Question 26

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) ________.

Question 27

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

Question 28

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

Question 29

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

Question 30

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

Question 31

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

Question 32

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

Question 33

A motion for a summary judgment is an example of a ________ motion.

A) pretrial
B) trial
C) posttrial
D) discovery

Question 34

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

Question 35

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