class 13 motion for a new trial

Question 1

Rule 59 New Trial; Altering or Amending a Judgment

Answer 1

The court may, on motion, grant a new trial on all or some of the issues – and to any party (A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court. . .
A motion for a new trial must be filed no later than 28 days after the entry of judgment.
Affidavits should be filed with motion; opposing affidavits within 14 days
No later than 28 days after entry of judgment, the court on its own may order a new trial for any reason that would justify a motion (must give notice, hearing)
Motion to Alter or Amend a Judgment (28 days)

Question 2

Grounds for a New Trial Under Rule 59

Answer 2

Flawed procedures
Error in jury instructions
Juror misconduct
Error in evidentiary rulings
Flawed verdict
Contrary to law
Against the great weight of the evidence

Question 3

New Trial v. Judgment as a Matter of Law

Answer 3

See Rule 50(c)
Applicable standard
For JMOL?
For new trial?
Consequences
Of granting JMOL?
Of granting new trial motion?
Availability of appeal
After grant of JMOL?
After grant of new trial?

Question 4

rule 50 jmol

Answer 4

(a) If . . . there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may . . . grant a motion for JMOL against that party . . .
(b) . . . No later than 28 days after the entry of judgment . . . the movant may file a renewed motion for JMOL and may include an alternative or joint request for a new trial under Rule 59. In ruling on the renewed motion, the court may:
allow judgment on the verdict, if the jury returned a verdict;
order a new trial; or
direct the entry of JMOL.

Question 5

50(c) Granting the Renewed Motion; Conditional Ruling on a Motion for a New Trial

Answer 5

If the court grants a renewed motion for JMOL, it must also conditionally rule on any motion for a new trial to determining whether a new trial should be granted if the judgment is later vacated or reversed.
Conditionally granting the motion for a new trial does not affect the judgment’s finality; if the judgment is reversed, the new trial must proceed unless the appellate court orders otherwise. If the motion for a new trial is conditionally denied, the appellee may assert error in that denial; if the judgment is reversed, the case must proceed as the appellate court orders.

Question 6

Remittitur and Additur

Answer 6

Remittitur is constitutionally permissible.
Court believes verdict is excessive.
Court requires a party to agree either to lower damages amount or to a new trial.
Many courts have found that it is permissible to lower punitive damages without giving the option of a new trial.
Additur is not constitutionally permissible (at least in federal court).

Question 7

The Reexamination Clause

Answer 7

7th A: “[N]o fact tried by a jury, shall be otherwise reexamined in any court of the United States, other than according to the rules of common law.”
Effect on motions for a new trial based on verdict being against great weight of evidence.
Effect on ability to inquire into how the jury reached its verdict.