Civ FAQ2 Flashcards
If a party wants to prevent another party from referring to anticipated evidence in the presence of the jury until the admissibility of the evidence can be determined at trial, what motion must the party make?
A traditional motion in limine
If a party wants the court to rule on the admissibility of anticipated evidence immediately and exclude it from the trial, what motion must the party make?
A nontraditional motion
What must a party who has made a traditional summary judgment motion prove?
The moving party has the burden of showing there is no genuine issue of material facts and that she is entitled to judgment as a matter of law.
What must a party who has made a no-evidence summary judgment motion prove?
The moving party must show that there is no proof of an essential elements of a claim or defense on which an adverse party would have the burden of proof at trial.
By when must a party demand a jury trial, and what must accompany the demand?
A demand for a jury trial must be made not less than 30 days before the trial date and be accompanied by the appropriate statutory jury fee
How many peremptory challenges is a side permitted in a district court action?
6
If a party challenges the constitutionality of another party’s use of its peremptory challenges, what action must the party take?
The party must move for a Batson challenge before the jury is empaneled. The motion must establish a prima facie case that the other
party has exercised peremptory challenges to exclude persons from the jury on the basis of race or gender.
What does it mean to place witnesses “under the rule” or to request a “rule on witnesses?”
Invoking of “the rule” requires witnesses on both sides to be sworn in and then removed from the courtroom for any testimony other than their own. A “rule on witnesses” does not apply to parties, their spouse or experts.
In a jury trial, when may a party move for a directed verdict and what is the standard for granting this motion?
The motion may be made by the defendant at the close of the plaintiff’s case-in-chief and by either party at the close of the defendant’s case-in-chief or the presentation of all evidence. A directed verdict can be granted only if there is no evidence of probative force to raise material questions of fact
What must a party do if the party disagrees with court’s proposed charge to the jury?
If the party objects to something that is included in the charge improperly, the party must make an “objection.”
• If the party believes that a proposed charge omits an instruction that should be included, the party should make “request for submission” and present the court with a substantially correct instruction
In a civil action brought in district court, how many jurors must agree on the verdict?
A verdict may be rendered in any civil action in district court by at least 10 members of an original jury of 12
In a jury trial at which the jury renders a verdict, what motion must a party make to have the court overturn the jury’s verdict, and what is the standard for granting this motion?
The losing party may move for a judgement notwithstanding the the verdict (i.e., a judgment non obstante veredicto (JNOV)), and the court may grant this motion only if the evidence is legally insufficient to support the verdict.
What action may a party take to avoid a new trial when the party has been awarded excessive damages?
Any party in whose favor a judgment has been rendered may remit any part thereof.
By when must a party file a new trial motion?
motion for new trial must be filed within 30 days after the judgment.
