Conferences, Trial, Judgement & Post-trial Motions Flashcards
What is the rule regarding having a Rule 26 conference?
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
What can’t you do before the rule 26 conference?
Use any discovery tools apart from a request for production
What is a Scheduling Order?
A roadmap of how the case will proceed. It cuts off joinder, amendments, motions, completion of discovery
What does the pre-trial conference do?
Determines the issues to be tried and evidence to be presented at trial. It supersedes the pleadings
What is a Motion in Limine?
A pre-trial motion to decide whether the jury should hear certain evidence
Do you have a jury in equity or in law and is this applicable to Federal and/or State courts?
You’re right that law, but not in equity
Applies to federal courts only
If the parties want to receive a jury trial what must they do? Note: there are 4 considerations.
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
How is the jury instructed?
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
Can the parties raise issues with the jury instructions in a post-trial motion or appeal?
Not unless they did it before the jury is charged.
What is a general verdict?
It simply says he wins and if he wins what relief they have
What is a special verdict?
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.
If the jury’s answers to written questions and the verdict are consistent, what does the court do next?
The judge approves the judgment and the clerk enters it.
What is a general verdict with written questions?
The jury gives a general verdict + answer specific questions
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?
The court cannot enter a judgement. It must instruct the jury to either (1) reconsider; or (2) order a new trial
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?
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.
If there was juror misconduct, will the verdict be set aside?
Not if the misconduct was harmless.
When can a Judgment as a Matter of Law (JMOL) be filed?
Any time before submission of the case to the jury
A motion for judgement as a matter of law is similar to what type of judgement?
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
What is a renewed motion as a matter of law (or JMOL)?
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.
How long do you have to file and our JMOL?
You must move the judgement 28 days after entry of the trial judgement
When would a party issue a motion for a new trial and what is the timeframe for filing?
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
Why might Eufaula motion for a new trial as opposed to RJMOL?
— Because she failed to move for JMOL during trial
— New evidence later came to light
— Juror/attorney misconduct
— Inadequate or excessive damages
When might the judge suggest remittitur? And in which court can this be done?
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.
When might the judge suggest additur? And in which court can this be done?
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.
When can a party seek to set aside an order/judgment if there was a clerical mistake?
Anytime. No time limit.
When can a party seek to set aside an order/judgment entered as a result of mistake, or excusable neglect?
Reasonable time, but never more than a year.
When can a party seek to set aside a judgment or order if there’s been fraud, or misrepresentation by the other side?
Reasonable time, but never more than a year.
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?
Reasonable time, but never more than a year.
When can a party seek to set aside a void judgment/order (e.g. because there was no SMJ)?
Reasonable time, but NO time limit.
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?
Reasonable time, but NO maximum
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?
Reasonable time, but no maximum
