Conferences, Trial, Judgement, and Post-Trial Motions Flashcards
Rule 26(f) Conference
Unless the court order says otherwise, at least 21 days before the court’s scheduling order, the parties must “meet and confer” to discuss:
- Production of required initial disclosures,
- Claims and defenses,
- Settlement, and
- Preservation of discoverable information.
The parties must present to the court a detailed discovery plan no later than 14 days after the Rule 26(f) conference.
Contents of the Discovery Plan
The plan must include views and proposals on timing, issues about discovery of ESI, including how it will be produced and any problems retrieving it (for example, deleted files).
What is a court’s scheduling order?
The court enters an order setting cut-offs for joinder, amendment, motions, completion of discovery, etc.
This is a roadmap for how the litigation proceeds up to trial.
What is the Final Pretrial Conference?
Determines the issues to be tried and evidence to be proffered at trial.
This is recorded in the pretrial conference order, which supersedes the pleadings.
Makes sure there are no surprises at trial
What does the Jury do?
It determines the facts and returns the “verdict.”
What if we do not have a jury?
The judge determines the facts (in a “bench
trial”).
The judge also might hear a “motion in limine” (pretrial motion outside of the presence of the jury) to decide whether the jury should hear certain evidence
Right to a Jury Trial
The Seventh Amendment preserves the right to jury in “civil actions at law,” but not in suits at equity.
The Seventh Amendment doesn’t apply in state court, only federal civil cases.
Right to a jury in Mixed Suits of Law and Equity?
Example: a case includes a claim for damages (legal relief) and for an injunction (equitable relief)
Facts underlying a damages claim will be tried to
the jury.
Facts relating wholly to an equity claim are tried to the judge.
Generally, the jury issues will be tried first
Right to a jury when the Same Facts Underly Both Law and Equity Claim?
Example: the question of whether the defendant trespassed on the plaintiff’s property underlies both a claim for damages and a claim for an injunction?
Jury will decide that fact
How to make a jury demand
A party must demand the jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue (usually the answer)
If a party fails to do so, she waives the right to a jury.
Two kinds of challenges to jurors
1) For Cause Challenges (e.g., because the potential juror will not be impartial.)
2) No stated reason (limited to 3). Must be done in a race- and gender-neutral manner.
