![]() ![]() This commentary argues that the submission of either motion should be treated as a final submission of the action. It is also unclear whether the filing and arguing of a motion to dismiss for failure to state a claim constitutes a final submission. It is unclear whether the filing and arguing of a summary judgment motion constitutes a final submission for purposes of § 25-601. The plaintiff can then dismiss the action without prejudice if it so chooses. The court’s decision in effect sets aside the submission and allows the action to proceed. ![]() If the court denies the motion, however, the action is no longer under final submission. An action is also under final submission when the defendant moves for a directed verdict in a jury trial and the parties have made their arguments on the motion. For example, an action is under final submission when the defendant moves to dismiss the action at the close of the plaintiff’s case in a bench trial. ![]() At that point, the action has been put in the hands of the trier of fact for a decision on the merits.Ī final submission can occur on a motion. A final submission occurs in a jury trial after the parties finish their closing arguments and the jury has been instructed. “Final submission contemplates submission on both the law and the facts when nothing remains to be done in order to render the submission complete.” A final submission occurs in a bench trial when the parties finish their closing arguments. Section 25-601(1) provides that the plaintiff can voluntarily dismiss an action without prejudice anytime before final submission. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |