Legal Tank Blog
Expert guides on legal documents, state laws, business formation, and more. Written by legal professionals and powered by AI.
What Is a Counterclaim? Definition, Examples, and How to File
A counterclaim is a claim for relief filed by the defendant against the plaintiff within the same lawsuit, governed by Federal Rule of Civil Procedure 13. This guide covers compulsory vs permissive counterclaims, deadlines, drafting requirements, and how plaintiffs respond.
Dismiss With Prejudice vs Without Prejudice: The Legal Difference
A dismissal with prejudice permanently ends the case and bars refiling; a dismissal without prejudice ends the present case but allows the plaintiff to refile within the statute of limitations. This guide covers FRCP 41, res judicata, civil and criminal applications, and what to do after each type of dismissal.
Judgment Notwithstanding the Verdict (JNOV): When and How to Win One
JNOV (judgment notwithstanding the verdict) is a post-verdict order overriding the jury. Learn the Rule 50 procedure, standard, and how to preserve it.
Notice of Appeal: How to File, Deadlines, and What to Include
A notice of appeal begins every appellate proceeding. Learn the federal and state deadlines, what to include, and how post-trial motions toll the clock.
Motion to Dismiss: Grounds, Filing Process, and What Happens Next
A motion to dismiss is a pretrial request to throw out a civil case under Rule 12(b). This guide covers all seven grounds, filing procedures, grant rates, and strategic timing.
Counterclaim vs Crossclaim vs Third-Party Claim
A counterclaim is filed by a defendant against the plaintiff; a crossclaim is filed against a co-party; a third-party claim is filed against a non-party. This guide explains FRCP 13 and FRCP 14 and the strategic and jurisdictional differences between the three claim types.
What Does Dismiss Without Prejudice Mean? Effects and Refiling Rules
Dismiss without prejudice means the present case has ended but the plaintiff retains the right to refile within the statute of limitations. This guide covers FRCP 41(a), the two-dismissal rule, savings statutes, and a practical checklist for refiling.
Deposition: Process, Questions, Objections, and Rules
A deposition is sworn out-of-court testimony transcribed for trial use. Learn FRCP 30 rules, the 7-hour limit, valid objections, and trial use of transcripts.
What Does Dismiss With Prejudice Mean? Definition and Effects
Dismiss with prejudice means the case is permanently closed and the plaintiff cannot refile the same claim. The dismissal is treated as a final judgment on the merits and triggers res judicata. This guide covers procedural triggers, civil and criminal effects, and post-dismissal options.
Burden of Proof: The Three Standards and Who Carries Each
The burden of proof is the duty to prove a disputed claim. Learn the three standards (preponderance, clear and convincing, beyond a reasonable doubt) and who bears each.
Motion for Summary Judgment: Standard, Strategy, and Outcomes
A motion for summary judgment ends a case without trial when there is no genuine dispute of material fact. Learn FRCP 56 standards, burden-shifting, and strategy.
Closing Argument: Structure, Examples, and How to Win the Verdict
A closing argument is the final speech to the jury, allowed to be persuasive. Learn the order, structure, common mistakes, and civil vs. criminal differences.