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Civil Procedure (Jury Trial (Issues heard in equity would not be heard (If…

- - - - Equity claims left for judge to decide
  - - - These must be made on the record
      - Must be made BEFORE the jury retires
      - Only timely objection preserves the issue for appeal
- - - - Can be with prejudice if a condition of parties settlement agreement
    - - Full res judicata effect, bars litigation of the same claim
        
        May be imposed for failure to prosecute
        
        Or for failure to comply with rules of civil procedure
  - - - Can bring the claim again in a new suit
        
        But before defendant serves an answer or motion for summary judgment
        
        This cuts off right for voluntary dismissal
        
        Thereafter with leave of court
        
        But have to pay fees for the first abortive case that you dismissed
        
        If there is a pending counterclaim, then cant dismiss without D's consent
        
        If counterclaim can remain pending for independent adjudication then voluntary dismissal may be granted
  - - - For certain claims or defenses
      - Can enter summary judgment for weak claims
      - Or against certain parties
      - No genuine issue of material fact and that the moving party is entitled to judgment as a matter of law
        
        Have to point to materials in the RECORD that establish whether there is a genuine dispute
        
        Pleadings are not SWORN statements
        
        Mere assertions or mere denial of facts does not create a genuine dispute as to the facts existence
        
        Must be a sworn statement showing a genuine dispute exists
        
        Sworn statement must be based on personal knowledge not inadmissible hearsay
        
        Cant deny plaintiffs pleading solely - because pleading is not under oath so denial wont do
        
        Defendant must file a sworn statement - affidavit under oath- that creates a genuine dispute - summary judgment can then be denied
- - - - So even if compulsory counterclaim bars the claim not barred by claim preclusion
- - - - Unless its crystal clear, judge wont grant this motion
        
        Reasonable jury would not disagree
    - - P can FILE at the close of ALL evidence