Civil Procedure 64-68 Flashcards
Right to Jury Trial
How will a case be tried if it involves BOTH legal and equitable claims?
The legal claims will be tried first to the jury, and then the equitable claimswill be tried before the judge.
A demand for jury trial MUST be made within 14 days of service of the last pleading concerning the claims.
Priority: Medium
Appeals – Final Judgment Rule
What is a Final Judgment?
One which ends litigation on the merits (all claims are resolved) and leaves nothing for the rendering court to do but execute the judgment. (For the exceptions to this rule, appeals must be filed within 30 days after entry of the judgment appealed from.)
In California courts: Appeals must be filed within 60 days after the court clerk/party serves a notice of Entry of Judgment OR within 180 days after entry of judgment.
Priority: Medium
Appeals
What is an Interlocutory Appeal?
An appeal of a ruling by a trial court that is made before all claims are resolved in the action.
An appellate court may consider it on matters where the parties/court would be severely prejudiced or would lose their rights if they waited to act.
Priority: Medium
Appeals – Federal Court
What are the exceptions to the Final Judgment Rule in Federal court?
Rule 54(b) Exception.
Statutory Exceptions.
Certified Appeal Exception.
Collateral Order Doctrine.
Writs of Mandamus and Prohibition.
Pendent Appellate jurisdiction.
Certification of Class Action.
Priority: Medium
Appeals – Federal Court
Under the Rule 54(b) Exception, when is an appeal allowed?
When:
The action has multiple parties or multiple claims;
The court directs entry of a final judgment for someof the claims or parties; AND
The court expressly determines that there is no just reason for delay.
*If the above elements are NOT met, then the appeal must wait until after a final judgment for the entire case.
Priority: Medium
