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The rules and procedures for obtaining summary judgment in litigation, focusing on rule 56 in the united states federal rules of civil procedure. Various scenarios where a court may grant summary judgment to a defendant or plaintiff based on the absence of genuine issues of material fact and the applicability of the law. The document also touches upon related topics such as jury trial, presentation of evidence, and directed verdict.
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terminating litigation before trial
Rule 56. Summary Judgment
(c)(2) The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
summary judgment for plaintiff concerning a cause of action
no reasonable jury could find for the defendant with respect to each element of the cause of action
trial
jury selection
presentation of evidence
jury verdict
judgment n.o.v. (judgment as a matter of law) R. 50
Rule 69. Execution (a) In General. (1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution — and in proceedings supplementary to and in aid of judgment or execution — must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
preclusive effect (res judicata)
there must be:
a final judgment