Conferences, Trial, Judgement & Post-trial Motions

Question 1

What is the rule regarding having a Rule 26 conference?

Answer 1

JAt least 21 days before scheduling order parties must meet and confer.

During this time they have to come up with a detailed discovery plan which is presented to the court no later than 14 days after conference

Question 2

What can’t you do before the rule 26 conference?

Answer 2

Use any discovery tools apart from a request for production

Question 3

What is a Scheduling Order?

Answer 3

A roadmap of how the case will proceed. It cuts off joinder, amendments, motions, completion of discovery

Question 4

What does the pre-trial conference do?

Answer 4

Determines the issues to be tried and evidence to be presented at trial. It supersedes the pleadings

Question 5

What is a Motion in Limine?

Answer 5

A pre-trial motion to decide whether the jury should hear certain evidence

Question 6

Do you have a jury in equity or in law and is this applicable to Federal and/or State courts?

Answer 6

You’re right that law, but not in equity

Applies to federal courts only

Question 7

If the parties want to receive a jury trial what must they do? Note: there are 4 considerations.

Answer 7

They must file a written demand

Site on all parties

Within 14 days after service of the last pleading directed to the jury trial issue

Otherwise the right is deemed waived

Question 8

How is the jury instructed?

Answer 8

The judge instructs the jury on the law.

The parties will submit their instructions to the judge before the close of all evidence.

Before final arguments the judge will inform the parties which instructions they accept and which they reject

Question 9

Can the parties raise issues with the jury instructions in a post-trial motion or appeal?

Answer 9

Not unless they did it before the jury is charged.

Question 10

What is a general verdict?

Answer 10

It simply says he wins and if he wins what relief they have

Question 11

What is a special verdict?

Answer 11

Jury answers specific questions in writing about the facts of the dispute, but does NOT say who wins or loses.

The judge then reaches legal conclusions based on the findings of fact.

Question 12

If the jury’s answers to written questions and the verdict are consistent, what does the court do next?

Answer 12

The judge approves the judgment and the clerk enters it.

Question 13

What is a general verdict with written questions?

Answer 13

The jury gives a general verdict + answer specific questions

Question 14

If the jury is asked to give a general verdict with written questions but the ANSWERS are inconsistent with one another (but not the verdict) what can the court do?

Answer 14

The court cannot enter a judgement. It must instruct the jury to either (1) reconsider; or (2) order a new trial

Question 15

If the jury is asked to give a general verdict with written questions but the answers are inconsistent with the verdict (but not one another) what can the court do?

Answer 15

The court can:

(1) enter judgement to make it consistent with the answers
(2) tell the jury to reconsider, or
(3) order a new trial.

Question 16

If there was juror misconduct, will the verdict be set aside?

Answer 16

Not if the misconduct was harmless.

Question 17

When can a Judgment as a Matter of Law (JMOL) be filed?

Answer 17

Any time before submission of the case to the jury

Question 18

A motion for judgement as a matter of law is similar to what type of judgement?

Answer 18

It’s like summary judgement, but it comes up during the trial and it can only be entered after the other side has been heard

Question 19

What is a renewed motion as a matter of law (or JMOL)?

Answer 19

It’s like a judgement as a matter of law but arises AFTER the trial.

You can only move for RJMOL if you have sought a JMOL during the trial.

Question 20

How long do you have to file and our JMOL?

Answer 20

You must move the judgement 28 days after entry of the trial judgement

Question 21

When would a party issue a motion for a new trial and what is the timeframe for filing?

Answer 21

A judgement has been entered but a non-harmless error means that there should be a new trial

The party must apply within 21 days after the trial judgement

Question 22

Why might Eufaula motion for a new trial as opposed to RJMOL?

Answer 22

— Because she failed to move for JMOL during trial

— New evidence later came to light

— Juror/attorney misconduct

— Inadequate or excessive damages

Question 23

When might the judge suggest remittitur? And in which court can this be done?

Answer 23

A judgment is issued in favour of the Plaintiff that shocks the court

Instead of ordering a new trial, the court will ask the PLAINTIFF if they’d be willing to take a lower amount (judge cannot simply order it).

Remittitur can be used in Federal or State court.

Question 24

When might the judge suggest additur? And in which court can this be done?

Answer 24

A judgment is issued in favour of Defendant that shocks the court

Instead of ordering a new trial, the court will ask the DEFENDANT if they’d be willing to pay a higher amount (judge cannot simply order it).

Unconstitutional in Federal Court, so State court only.

Question 25

When can a party seek to set aside an order/judgment if there was a clerical mistake?

Answer 25

Anytime. No time limit.

Question 26

When can a party seek to set aside an order/judgment entered as a result of mistake, or excusable neglect?

Answer 26

Reasonable time, but never more than a year.

Question 27

When can a party seek to set aside a judgment or order if there’s been fraud, or misrepresentation by the other side?

Answer 27

Reasonable time, but never more than a year.

Question 28

When can a party seek to set aside a judgment or order entered when new evidence comes to light and that evidence couldn’t have been discovered at the time?

Answer 28

Reasonable time, but never more than a year.

Question 29

When can a party seek to set aside a void judgment/order (e.g. because there was no SMJ)?

Answer 29

Reasonable time, but NO time limit.

Question 30

When can a party seek to set aside a judgment/order that’s been satisfied/ vacated / prior judgment in which it is based has been reversed?

Answer 30

Reasonable time, but NO maximum

Question 31

If there’s any other reason justifying a party’s relief from a judgment/order, how long do they have to get this set aside?

Answer 31

Reasonable time, but no maximum