Pre-trial Motions Practice Self-Quiz
When a party
wants to have the court issue an order, the party will file a:
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Most motions
must be accompanied by:
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To determine
whether any additional requirements exist for motions, such as paper size,
paper color, margin size, specific font and font size, one will review
the:
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An attorney
for the moving party must sign all motions. If frivolous, the signing
attorney could be subject to sanctions.
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Defendant
moves to dismiss Plaintiff’s complaint for failure to state a cause
of action upon which relief can be granted. Included in the papers filed
with the court is the motion signed by Defendant’s attorney and
the supporting memorandum of law. Plaintiff opposes motion to dismiss
and argues that motion must be denied. What is the most persuasive reason
for denial of the motion to dismiss?
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Which is the
proper motion to contest the sufficiency of service of process?
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Plaintiff
files a complaint against Defendant in Texarkana state court. One of Texarkana’s
rules of civil procedure requires that any objection to the court’s
jurisdiction over the person must be raised within 60 days of being served
with the summons and complaint. Defendant is served with the summons and
complaint on January 1st. On April 15, Defendant files a motion to dismiss
the complaint based on lack of personal jurisdiction. How will the court
rule on the motion?
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Plaintiff
files a complaint against Defendant in Texarkana state court. One of Texarkana’s
rules of civil procedure requires that any objection to the court’s
jurisdiction over the person must be raised within 60 days of being served
with the summons and complaint. Defendant is served with the summons and
complaint on January 1st. On April 15, Defendant files a motion to dismiss
the complaint based on lack of subject matter jurisdiction. If the court
is persuaded by the defendant’s argument, how will the court rule
on the motion?
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Plaintiff
files a lawsuit in federal court against Defendant regarding a tree limb
falling on Plaintiff’s house. The tree limb came from a tree on
Defendant’s property. Plaintiff alleges that Defendant knew the
tree limb was in danger of falling and Plaintiff had asked Defendant for
permission to enter his property and remove the tree limb from said tree.
Plaintiff has also alleged that Defendant mistreats his family pet, a
Golden Retriever named Sally. Defendant moves to strike the allegation
concerning his treatment of Sally. How is a court likely to rule?
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When there
are no genuine issues of material fact and the defendant is not liable
as a matter of law, what type of motion should the defendant file?
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