Conferences, Trial, Judgment, and Post-Trial Motions

Question 1

Rule 26(f) Conference

Answer 1

Unless a court order says otherwise, at least 21 days before scheduling order, parties “meet and confer.”

Question 2

Scheduling order

Answer 2

Unless local rule or court order says otherwise, the court enters an order scheduling cut-offs for joinder, amendment, motions, completion of discovery, etc.

Question 3

Pretrial conferences

Answer 3

The court may hold “pretrial conferences” to process the case.

Question 4

Right to Jury Trial in Federal Court

Answer 4

You must demand it in writing no later than 14 days after service of the last pleading addressing a jury triable issue. If you don’t you waive the right to a jury.

Question 5

“For-cause” strike

Answer 5

Potential juror will not be impartial.

Question 6

“Peremptory”

Answer 6

One does not need to state a reason. These can only be used in a race and gender-neutral manner.

Question 7

Jury instructions

Answer 7

Before final argument and instruction, the court informs the parties of (1) what instructions it will give and (2) what proposed jury instructions it rejected.

Question 8

General verdict

Answer 8

Who wins and, if plaintiff wins, what the relief is.

Question 9

Special verdict

Answer 9

The jury answers in writing specific questions about the facts in dispute, but does not tell us who wins or loses.

Question 10

General verdict with written questions

Answer 10

The jury not only gives a general verdict, but it also answers specific questions submitted to it.

Question 11

Juror misconduct

Answer 11

A verdict may be “impeached” based on “external” matters.

Question 12

Motion for judgment as a matter of law

Answer 12

Based on evidence presented at trial. This is like summary judgment, except that it comes up at trial instead of before trial.

Question 13

Renewed motion for judgment as a matter of law

Answer 13

A JMOL entered after the verdict and after a previous JMOL. Must be the same as JMOL.

Question 14

Motion for a new trial

Answer 14

Judgment is entered, but some error at trial requires that we should start over and have a new trial. This movement must be made within 28 days after judgment.

Question 15

Remittitur

Answer 15

Playing hardball with the plaintiff.

Question 16

Additur

Answer 16

Playing hardball with the defendant.

Question 17

When can you move for relief from an order or judgment on the grounds of a clerical error?

Answer 17

Any time.

Question 18

When can you move for relief from an order or judgment on the grounds of a mistake or excusable neglect?

Answer 18

Within 1 year after judgment.

Question 19

When can you move for relief from an order or judgment on the grounds of fraud, misrepresentation, or misconduct by an opposing party?

Answer 19

Within 1 year after judgment.

Question 20

When can you move for relief from an order or judgment on the grounds of new evidence that could not have been discovered with due diligence for a new trial motion?

Answer 20

Within 1 year after judgment.

Question 21

When can you move for relief from an order or judgment on the grounds that the judgment is void?

Answer 21

Whenever you want.