CONFERENCE, TRIAL, JUDGMENT AND POST TRIAL MOTIONS

Question 1

RULE 26(f) CONFERENCE

Answer 1

at least 21 days before scheduling order the parties will meet and confer to discuss:
- initial disclosures
- claims 
- defenses
- settlement
- preservation of discoverable info
- and create a detailed discovery plan
must be presented to the court no later than 14 days after the conference 
- must be detailed

Question 2

SCHEDULING ORDER

Answer 2

Entered by court with the cut offs for joinder, amendment, motions and completion of discover, etc

Question 3

PRETRIAL CONFERENCES

Answer 3

the final pretrial conference determines the issues to be triad and evidence to be proffered at trial
- this supersedes the earlier pleadings

Question 4

JURY TRIAL

Answer 4

Seventh amendment preserves the right to a jury trial in federal courts of all suits of common law where the amount in controversy is over $20

• does not apply to state court
• must demand jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue (usually the answer)- if you don’t it is waived

Question 5

JURY -COMPOSITION

Answer 5

unlimited “for cause” challenges to the jury
3 per side for “peremptory” challenges- may only be used in a race and gender-neutral manner
6-12 jurors allowed
must have at least 6
unanimous vote is required for a verdict (unless agreed otherwise)

Question 6

JURY INSTRUCTIONS

Answer 6

Jury decides facts, but is instructed on the law by the judge
parties submit proposed jury instructions at the close of all evidence or earlier if the court says to
Before final argument and instruction, the court informs the parties of what instruction will be given and what proposed instructions were rejected
- opportunity to object must be allowed as to the instruction and the rejection of proposed instructions
- if objection not made, cannot be made in post trail motion or appeal
one exception: even if a party did not object timely, a court can consider a jury instruction if it contained plain error

Question 7

VERDICT FORMS

Answer 7

1. General: say who wins
2. Special: the jury answers in writing specific questions about the facts in dispute but does not say who wins or loses
3. General verdict with written questions: Jury give a general verdict but it also answers specific questions submitted to it

Question 8

ENTRY OF JUDGMENT

Answer 8

General verdict- entered by the clerk of the court
special verdict or general with special questions: approved by the judge and the entered by the clerk
- if the answers are consistent with each other BUT inconsistent with the verdict the court may enter an appropriate judgment consistent with the answers
- if the answers are inconsistent with each other and one or more is inconsistent with the general verdict the court cannot enter judgment

Question 9

JUROR MISCONDUCT

Answer 9

a verdict may be impeached based on external matter such as jurors being bribed, or if they based the verdict on matters outside of the court- new trial can be ordered
- verdict not set aside for harmless misconduct

Question 10

BENCH TRIAL

Answer 10

Judge must state on the record or in writing findings of fact

• judge must record conclusions of law stated separately from the findings of fact
• enter short judgment- who wins and who loses

Question 11

MOTIONS AT AND AFTER TRIAL

Answer 11

1. Motion for Judgment as a matter of law: case does not go to the jury because reasonable people could not disagree on the result - Motion is based on evidence presented at trial
   - can move for JMOL after the other side has been heard at trial
2. Renewed Motion for Judgment as a matter of law: same as JMOL but comes up after the trial
   - must have moved for JMOL to get RJMOL
   - done because the jury reached a conclusion that reasonable people could not have reached
   - must move for RJMOL within 28 days after the entry of the judgment

Question 12

MOTIONS FOR A NEW TRIAL

Answer 12

can be based on any (non-harmless) error that makes the judge think there should be a do over.

• party moves within 28 days after the judgment
• erroneous jury instruction
• new evidence that could not have been gotten before with due dillegence
• misconduct
• judgment is against the weight of the evidence
• inadequate or excessive damages
• Can still move for a new trial if RJMOL waived

Question 13

REMITTITUR

Answer 13

high damage that shocks the conscience of the court and the court offers a choice to the PLAINTIFF to accept lower amount or have a new trial

Question 14

Addidtur

Answer 14

low damages that shock the conscience of the court and the court offers a choice the the DEFENDANT to pay more or have a new trial
- NOT OK IN FEDERAL COURT

Question 15

OFFER OF JUDGMENT

Answer 15

At least 14 days before trial- D offers to settle claim for amount, P can accept and judgment will be entered
- if P rejects and goes to trial if P wins a judgment that is NOT more favorable that the offer, O is liable to D for all of D’s costs incurred after the offer was made.

Question 16

MOTION FOR RELIEF FROM ORDER OR JUDGMENT

Answer 16

Asks a court to set aside a judgment that was entered

1. Clerical error- can ask anytime
   * *2. mistake, excusable neglect (watch for default judgment)- can ask within a reasonable amount of time but no more than 1 year
   * *3. fraud, misrepresentation, or misconduct by an opposing party- can ask within a reasonable amount of time but no more than 1 year
2. new evidence that could not have been discovered with due diligence for a new trial motion- can ask within a reasonable amount of time but no more than 1 year
3. Judgment is void- (e.g. no SMJ)- can ask within a reasonable amount of time, no maximum

Question 17

STANDARD FOR NEW EVIDENCE

Answer 17

The evidence could not have been discovered with due diligence in time to move for a new trial