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Stages of Litigation, Is response required for this pleading? - Coggle…
Stages of Litigation
Pleading
Complaint
Dismissal
Voluntary Dismissal (Rule 41(a))
No court order
Dismiss through stipulation of parties = bilateral
Notice of dismissal = unilateral
Court order
Involuntary dismissal (Rule 41(b))
When P fails to comply with rules or court order
When P fails to prosecute
D's option
Pre-answer motion
Answer
Amendment
Sanctions
Discovery
Motion for Summary Judgment (p.86)
Pre-trial
Trial
Post-Trial Motions
A renewed motion for judgment as a matter of law
Judge enters judgment, or orders a new trial
A motion for new trial
Jury: return a verdict
Either side may move for judgment as a matter of law (JMOL) (Rule 50); court can direct a verdict
Required initial disclosure
Later Discovery
Scope
Is response required for this pleading?
Yes
21 days after being served by the response
12(b); 12(e); 12(f)
No
21 days after serving it