Pretrial Motions Directed to the Merits and Trial

This chapter treats the high-stakes motions that shape what gets to trial: consolidation, MDL centralization, severance, separate trials, and bifurcation; voluntary dismissals (as of right and by motion) and dismissals for failure to prosecute; the long and detailed summary-judgment treatment under Rule 56 with full procedure, supporting evidence, opposition strategy, the standard, burden of persuasion, appealability, and partial summary judgment; trial-calendar and case-management motions; provisional relief including TROs and preliminary injunctions; and motions to vacate defaults. Especially useful for an advanced civil procedure or pretrial litigation course where students draft and argue dispositive motions on real or simulated records.