(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.
Even if claims are related, when there are multiple parties with several and distinct claims, the claims may not be aggregated to satisfy the requirement for the jurisdictional amount. Two exceptions to this rule exist. First, a single plaintiff is allowed to aggregate the amount if he or she has two or more claims against a single defendant, whether the claims are related or unrelated.
Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.
An act passed by Congress in 1934 that gave the Supreme Court the power to make rules of procedure and evidence for federal courts as long as they did not “abridge, enlarge, or modify any substantive right.”
A pleading that sets forth transactions or occurrences or events which happened since the date of the pleading, with the purpose of supplementing it. The court may permit these through motion. Even if the original pleading was defective, it may still be supplemented.
A permissive counterclaim is a claim brought by a defendant against a plaintiff in the situation where the defendant's claim does not arise from the same transaction or occurrence as the plaintiff's claim. Therefore, if the defendant does not raise the claim in the pending cause of action, it is not waived, and the defendant is free to bring an independent action on the claim.