Master Civil Procedure.
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Introduction
Civil litigation does not always end with a full trial and verdict. Many cases are resolved before trial through motions testing the pleadings, the evidence, or the parties’ failure to proceed properly. Other cases reach trial but are shaped by jury-trial rules, jury instructions, motions for judgment as a matter of law, verdict procedures, new-trial motions, and post-judgment relief.
This chapter focuses on procedural posture: what a court may decide, when it may decide it, and what standard applies at each stage. The timing matters. A Rule 12(b)(6) motion tests the complaint. A judgment on the pleadings motion tests the closed pleadings. Summary judgment tests whether the evidence shows a genuine dispute of material fact. Judgment as a matter of law tests whether the trial evidence is legally sufficient for a reasonable jury. A renewed judgment as a matter of law motion asks the court to revisit that sufficiency after verdict, but only if the issue was properly preserved before submission to the jury. A new-trial motion asks whether trial error, weight of evidence, damages, misconduct, or other irregularity justifies another trial.
Students often lose points by blending these motions together. A motion to dismiss is not summary judgment. Summary judgment is not a trial. Judgment as a matter of law is not a new trial. Default is not automatic proof of damages. Voluntary dismissal is not always without prejudice. Relief from judgment is not a substitute for an appeal.
The central lesson is that procedure depends on posture. To answer correctly, identify where the case is procedurally, what material the court may consider, what standard governs, and what remedy follows.
Doctrinal Framework
A complete analysis of dispositive motions and trial-stage procedure should proceed in order.
1
Identify the Stage
Is the case at the pleading stage, after pleadings close, after discovery, during jury trial, after verdict, after judgment, or after default?
2
Identify the Device
Is the party seeking dismissal, judgment on the pleadings, summary judgment, JMOL, renewed JMOL, new trial, remittitur, default judgment, voluntary/involuntary dismissal, or relief from judgment?
3
Identify the Materials
Pleading motions focus on pleadings. Summary judgment considers evidence. Trial motions consider trial evidence. Post-trial motions consider the trial record/specified grounds.
4
Apply the Standard
Plausibility, no genuine dispute of material fact, legally insufficient evidentiary basis, weight of the evidence, good cause, excusable neglect, etc.
5 & 6
Preservation & Remedy
Identify preservation requirements (jury demands, pre-verdict JMOL motions) and state the proper remedy (dismiss, grant judgment, order new trial, etc.).
Rule 12(b)(6), Rule 12(c), and Conversion
Rule 12(b)(6): Failure to State a Claim
A Rule 12(b)(6) motion tests the legal sufficiency of the complaint. It asks whether the plaintiff’s well-pleaded factual allegations, accepted as true, state a plausible claim for relief.
At this stage, the court generally accepts well-pleaded facts as true and draws reasonable inferences in the plaintiff’s favor. But the court does not accept unsupported legal conclusions merely because they appear in the complaint. A complaint that says only “the defendant acted negligently” or “the defendant violated my rights” may be too conclusory unless supported by factual allegations showing entitlement to relief.
The motion does not ordinarily resolve witness credibility, weigh evidence, decide disputed facts, or determine which side is more believable. The question is not whether the plaintiff will ultimately win. The question is whether the complaint states a legally sufficient claim if the well-pleaded facts are true.
Judgment on the Pleadings (Rule 12(c))
Judgment on the pleadings occurs after the pleadings are closed but early enough not to delay trial. It tests whether the pleadings establish that the moving party is entitled to judgment as a matter of law.
This motion often resembles a Rule 12(b)(6) motion, but the timing differs. A Rule 12(b)(6) motion is ordinarily made before the answer. A motion for judgment on the pleadings is made after the complaint and answer are filed.
For example, if the defendant admits all facts necessary to liability in the answer and raises no legally sufficient defense, the plaintiff may seek judgment on the pleadings.
Conversion to Summary Judgment
If matters outside the pleadings are presented on a Rule 12(b)(6) motion or a judgment-on-the-pleadings motion, and the court does not exclude those materials, the motion may be treated as one for summary judgment.
The parties must receive notice and a reasonable opportunity to present relevant materials. This rule prevents unfair surprise. A party opposing a pleading motion should not suddenly lose based on outside evidence without the procedural protections that accompany summary judgment.
Exam Tip: When a court considers evidence outside the complaint on a Rule 12(b)(6) or Rule 12(c) motion, discuss conversion. The issue is not just whether the evidence helps one side; it is whether the parties received notice and a fair chance to present summary-judgment materials.
Summary Judgment (Rule 56)
Summary judgment is proper when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. It is a pretrial device for deciding cases, or parts of cases, that do not require a trial because the evidence cannot support a reasonable dispute on an outcome-determinative fact.
Material Fact
A fact is material if it may affect the outcome under the governing substantive law. Not every factual disagreement matters. If the parties dispute what color car the defendant drove, but the color has no legal relevance, that dispute does not defeat summary judgment.
Genuine Dispute
A dispute is genuine if a reasonable factfinder could return a verdict for the nonmoving party. A speculative, metaphysical, or unsupported dispute is not enough.
The court views the evidence and reasonable inferences in the light most favorable to the nonmoving party. The court does not weigh credibility, choose between competing reasonable versions of the facts, or decide whose witnesses are more believable. Those functions belong to the factfinder at trial.
The Movant’s Burden
The movant’s burden depends on who bears the burden of proof at trial.
- Party with the Trial Burden: A party who bears the trial burden (e.g., a plaintiff on their own claim) must support the motion with evidence establishing each necessary element so strongly that no reasonable factfinder could find otherwise.
- Party without the Trial Burden: A party who does not bear the trial burden (e.g., a defendant moving against the plaintiff’s claim) may point out the absence of evidence supporting an essential element of the opponent’s case. The movant need not always produce affirmative evidence disproving the claim.
Once the movant properly supports the motion, the nonmovant must identify evidence establishing a genuine dispute. The nonmovant cannot rely solely on allegations in the pleadings.
Common Trap: Do not say “there is a factual dispute” and stop. The dispute must be genuine and material. A factual disagreement that would not affect the outcome does not defeat summary judgment.
Seventh Amendment Jury-Trial Right
The Seventh Amendment preserves a jury-trial right in federal civil cases involving legal claims. The analysis asks whether the modern claim resembles a claim historically heard at law or in equity and whether the remedy sought is legal or equitable. The remedy inquiry receives particular weight.
Money damages are ordinarily legal. Injunctions, specific performance, rescission, and many forms of equitable relief are generally equitable. Legal claims usually carry a jury right; equitable claims generally do not.
When legal and equitable claims share factual issues, the jury should ordinarily decide the common factual issues first. The judge then decides equitable issues consistently with the jury’s factual determinations.
Demanding a Jury & Selection
A jury-trial right can be waived. A party must make a timely written jury demand. Failure to demand within the prescribed period generally waives the right to jury trial.
During selection, for-cause challenges are generally unlimited when a valid basis exists (e.g., bias, disqualifying relationship). Peremptory challenges are limited and may be exercised without stating an ordinary cause, but they may not be used on constitutionally prohibited discriminatory grounds (Batson challenge).
Trial and Post-Trial Motions
| Judgment as a Matter of Law (JMOL) | Renewed JMOL | Motion for New Trial |
|---|---|---|
|
Timing: During trial, before the case is submitted to the jury (after opposing party has been fully heard on the issue). |
Timing: After judgment/verdict. |
Timing: After judgment/verdict. |
|
Standard: A reasonable jury would lack a legally sufficient evidentiary basis to find for the party. |
Standard: Same as JMOL. Crucially, a proper pre-verdict JMOL motion is required to preserve Renewed JMOL. Cannot exceed grounds raised earlier. |
Standard: Verdict against the great weight of the evidence, excessive/inadequate damages, prejudicial legal error, or juror misconduct. |
|
Remedy: Court enters judgment (takes issue away from jury). |
Remedy: Court enters judgment (overrides jury verdict). |
Remedy: Reopens the contest for another trial. Judge has more discretion to weigh evidence here. |
Common Trap: Do not seek renewed JMOL without a prior JMOL motion. Renewed JMOL is renewed; it generally depends on a pre-verdict motion that preserved the sufficiency issue.
Damages, Defaults, and Dismissals
Remittitur and Additur
A federal court may use remittitur when a damages award is excessive. The court may offer the plaintiff a choice: accept a reduced award or undergo a new trial. This respects the jury’s role while avoiding an unsupported excessive verdict.
Federal courts generally may not use additur to increase a jury’s damages award as a condition of avoiding a new trial. If damages are inadequate, the ordinary remedy in federal court is a new trial, not a court-imposed increase.
Default and Default Judgment
Default may be entered when a party fails to plead or otherwise defend. Default is not the same as default judgment. Entry of default recognizes that the party has failed to respond. Default judgment is the judgment entered based on that failure.
A default admits well-pleaded allegations concerning liability, but it does not necessarily establish the amount of damages. If damages are unliquidated or uncertain, the court may need a hearing or evidence to determine the proper amount.
A defendant who has appeared generally must receive notice before a default-judgment hearing.
Voluntary and Involuntary Dismissals
A plaintiff may voluntarily dismiss an action without court order before the opposing party serves an answer or summary judgment motion. A first qualifying voluntary dismissal is ordinarily without prejudice.
The Two-Dismissal Rule: If a plaintiff previously dismissed the same claim in a qualifying action, a second voluntary dismissal may operate as an adjudication on the merits (with prejudice).
An involuntary dismissal (for failure to prosecute, failure to comply with rules) generally operates as an adjudication on the merits (with prejudice), EXCEPT for dismissals based on lack of jurisdiction, improper venue, or failure to join a required party.
Relief from Judgment
A court may provide relief from judgment for specified reasons, including mistake or excusable neglect, newly discovered evidence, fraud or misconduct, a void judgment, a satisfied or discharged judgment, or other extraordinary circumstances.
Relief from judgment is not a substitute for a timely appeal. A party disappointed with the court’s legal reasoning should ordinarily appeal. Rule-based relief from judgment is aimed at special problems (like fraud or newly discovered evidence), not ordinary disagreement with the result.
Application and Analysis
"Suppose Plaintiff sues Manufacturer for injuries caused by an allegedly defective machine. The complaint alleges that the machine lacked a safety guard, Plaintiff was injured while using it, and the absence of the guard caused the injury. Manufacturer moves to dismiss, attaching expert reports showing the machine was safe."
At the Rule 12(b)(6) stage, the court generally tests the complaint, accepts well-pleaded facts as true, and does not weigh evidence. If the court considers the expert reports and does not exclude them, the motion may be converted to summary judgment, and the parties must receive notice and a reasonable opportunity to present materials.
After discovery, Manufacturer moves for summary judgment. If Plaintiff has no expert evidence supporting defect/causation where required, summary judgment may be proper. But if Plaintiff presents admissible expert testimony creating a genuine dispute, the court may not weigh credibility at summary judgment.
At trial, after Plaintiff has been fully heard, Manufacturer moves for JMOL on causation. If no reasonable jury could find causation, JMOL may be granted. If the court denies the motion and the jury returns a verdict for Plaintiff, Manufacturer may seek Renewed JMOL only on grounds fairly raised before the case went to the jury.
Manufacturer may also seek a new trial if the verdict is against the weight of the evidence or damages are excessive (potentially offering remittitur).
Chapter Summary
Dispositive motions and post-trial procedures require careful attention to procedural posture.
A Rule 12(b)(6) motion tests whether the complaint states a plausible claim without weighing outside evidence. Judgment on the pleadings tests the same after pleadings close. If a court considers outside materials and does not exclude them, the motion is converted to summary judgment.
Summary judgment is proper when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. A genuine dispute is one on which a reasonable factfinder could find for the nonmovant.
The Seventh Amendment preserves a jury-trial right for legal claims (money damages) but not generally for equitable claims (injunctions). A timely written jury demand is required.
JMOL may be granted during a jury trial when a party has been fully heard and no reasonable jury would have a legally sufficient evidentiary basis to find for that party. Renewed JMOL requires a preserved pre-verdict JMOL motion.
A new trial may be granted for weight-of-evidence problems, excessive/inadequate damages, prejudicial error, or misconduct. Remittitur may reduce an excessive award by offering a choice between reduction and new trial. Federal additur is generally unavailable.
Default admits well-pleaded liability allegations but not necessarily unliquidated damages. Voluntary dismissals are typically without prejudice initially, but a second dismissal triggers the two-dismissal rule. Involuntary dismissals generally operate as an adjudication on the merits.
The central lesson is posture. Identify the stage, motion, record, standard, preservation rule, and remedy to produce clear and accurate Civil Procedure analysis.