Conferences, Trial, Judgment, and Post-Trial Motions Flashcards
What is the basic idea for conferences, trial, judgment, and post-trial motions?
If the case was not resolved through pretrial adjudication, it
may be adjudicated at trial.
What is the rule 26(f) conference?
Unless the court order says otherwise, at least 21 days before
the court’s scheduling order, the parties “meet and confer”
to discuss production of required initial disclosures, claims,
defenses, settlement, and preservation of discoverable information. They must present to the court a detailed discovery
plan no later than 14 days after the Rule 26(f) conference.
a. Contents of 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), etc.
What is the scheduling order?
Unless local rule or court order says otherwise, 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 are pretrial conferences?
The court may hold “pretrial conferences” to oversee the
case.
a. Final Pretrial Conference
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.
This order is a roadmap of issues to be tried, evidence to
be presented at trial, witnesses, etc., so that there are no
surprises at trial.
What is a jury trial?
If we have a jury, it determines the facts and returns the
“verdict.” If we don’t have a jury, the judge determines the
facts (in a “bench trial”). The judge also might hear a “motion
in limine,” which is a pretrial motion outside of the presence
of the jury to decide whether the jury should hear certain
evidence.
What is the right to jury trial in federal court?
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.
a. Mixed Suits of Law and Equity
What if a case includes both law and equity? Suppose 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.
b. Same Fact Underlies Both Law and Equity Claim
But what if a fact (for example, whether the defendant
trespassed on the plaintiff’s property) underlies both a claim
for damages and a claim for an injunction? The jury will
decide that fact.
c. 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. If a party fails to do so, she wavies the right to a jury. The
last pleading addressing a jury issue is usually the answer.
What is the selection and composition of the jury?
In the jury selection process (“voir dire”), each side might ask
the court to strike (remove) potential jurors. There are two
kinds of challenges to jurors.
a. For Cause Challenges
A juror may be challenged “for cause,” for example, because
the potential juror will not be impartial. Parties have an unlimited number of challenges for cause.
b. Peremptory Challenges
There are challenges for which the party states no reason.
Generally, each side is limited to three peremptory
challenges. Importantly, peremptory challenges may be
used only in a race- and gender-neutral manner because
jury selection is a state action even in a civil action between
private parties.
c. Number of Jurors in Federal Court
How many jurors are on a civil jury in federal court? A
minimum of six jurors, and a maximum of 12, unless the
parties agree otherwise. Generally, all jurors participate in
the verdict unless a juror is excused for good cause, and
the verdict must be unanimous unless the parties agree
otherwise.
What are jury instructions?
The jury decides facts, but is instructed on the law by the
judge. Parties submit proposed jury instructions to the judge.
They do this at the close of all evidence (or earlier if the court
says so).
a. Conferences Regarding Jury Instructions May Be Held
The judge may hold an “off the record” conference with
the parties to discuss proposed jury instructions. Before
final argument and instruction, and on the record, the court
informs the parties of (1) what instructions it will give and
(2) what proposed jury instructions it rejected. The parties
must be allowed to object on the reocrd and out of the jury’s
hearing. This is true even if the party objected during the “off
the record” conference. If objections are not made before
the jury is “charged” (given the instructions), the objection is
waived. A court can revisit that jury instruction only for clear
error that affected a party’s rights.
What are the forms of verdicts?
The judge determines what verdict form the jury will use.
a. General Verdict
A general verdict just says who wins and, if plaintiff wins,
what the relief is.
b. Special Verdict
In a special verdict, the jury answers, in writing, specific
written questions about the facts in dispute, but it does not
say who wins or loses.
c. General Verdict with Written Questions
In a general verdict with written questions, the jury not only
gives a general verdict, but it also answers specific questions
submitted to it. The questions ensure that the jury focused
on the important issues
What is the entry of judgment?
If the jury returns a general verdict, the clerk of the court will
enter the judgment. If the jury returns a special verdict (or
general verdict with written questions), and the answers are consistent with each other and with the verdict, the judge
approves the judgment and the clerk enters it.
a. Inconsistency Between General Verdict and Written
Questions
In a case involving general verdict with written questions, if
the answers are consistent with each other but inconsistent
with the verdict, the court may enter an appropriate judgment
consistent with the answers. (Or it can tell the jury to reconsider or order a new trial.) If the answers are inconsistent with each other and one or more is inconsistent with the general verdict, no judgment may be entered. (Again, the court may order the jury to reconsider or order a new trial.)
What is juror misconduct?
In general, a verdict may be “impeached” based upon
“external” matters. So if jurors were bribed, or based the
verdict on their investigation of matters outside of court
instead of the evidence at trial, a new trial can be ordered.
Non-jurors may give first-hand evidence of such things. But a
verdict will not be set aside if the misconduct was harmless—
for example, a juror chatted for a moment with a party about
the weather (not the case).
What is a nonjury bench trial?
When there is no jury (either Seventh Amendment did not
apply or the parties waived the right to jury trial), the judge
determines the facts at trial. The judge must record her
“findings of fact” orally on the record or in writing, along with
her conclusions of law (which are stated separately from her
findings of fact).
A judgment also must be entered. The judgment is very
short—just telling who wins and, if plaintiff won, the relief
granted.
What is a motion for judgment as a matter of law?
For centuries, a JMOL was called a “directed verdict.” The
motion applies in jury trials. If the judge grants JMOL, the
case will not go to the jury—the judge grants the motion
and enters judgment. The motion is based upon evidence
presented at trial.
a. Standard for Granting and Comparison with
Summary Judgment
The standard for granting the motion is that reasonable
people could not disagree on the result. It’s like summary
judgment (where there was no dispute of material fact),
except that this comes up at trial instead of before trial. Like
summary judgment, the court views the evidence in the light
most favorable to the non-moving party.
b. Timing of JMOL
A party can move for JMOL after the other side has been
heard at trial on the issue. For example, say the plaintiff
presents her evidence at trial and rests. At that point, the
defendant may move for JMOL, as the plaintiff has been
heard at trial. Th plaintiff may not move until after the defendant presents his evidence.
What is a renewed motion for judgment as a matter of law?
An RJMOL is the same as a JMOL, but it comes up after
trial. If an RJMOL is granted, the court enters judgment
for the party that lost the jury verdict. As with a JMOL, the
court views the evidence in the light most favorable to the
non-moving party.
a. Timing of and Prerequisites for RJMOL
The RJMOL must be made within 28 days after entry of
judgment. What is an absolute prerequisite to bringing
RJMOL? The party must have moved for JMOL at the proper
time at trial. Failure to do so waives RJMOL. Not only that, the
RJMOL motion must be based upon the same grounds as the
JMOL motion.
What is a motion for a new trial?
Assume that judgment is entered, but some error at trial
requires that we should start over and have a new trial. A
new trial can be granted on any (non-harmless) error that
makes the judge think there should be a do-over. A party
must move for a new trial within 28 days of the judgment.
Some reasons a new trial may be granted are:
• The judge gave an erroneous jury instruction;
• New evidence was discovered that could not have been
discovered before with due diligence;
• Misconduct was committed by a juror, party, or lawyer, etc.;
• The judgment is against weight of the evidence (serious
error of judgment); and
• Damages are inadequate or excessive.
It’s possible that a party met the standard for RJMOL but
waived it by not moving for JMOL at trial. That party could
move for new trial on the grounds that the verdict is against
the weight of the evidence.
a. New Trial Is Less Drastic Remedy than RJMOL
Ordering a new trial is less drastic than ordering RJMOL.
Why? A new trial results in starting over, so the same party
may still win. An RJMOL results in taking judgment away from
one party and giving it to the other.
