Conferences, Trial, Judgment, and Post-trial Motions

Question 1

Rule 26(f) conference

Answer 1

Parties must “meet and confer” to discuss production of required initial disclosures, claims, defenses, settlement, and preservation of discoverable information
-At least 21 days before the scheduling order

Question 2

Discovery plan

Answer 2

Must include views and proposals on timing, issues about discovery of ESI
-Present to court at least 14 days after the Rule 26(f) conference

Question 3

Scheduling order

Answer 3

Roadmap for how the litigation will proceed up to trial

Question 4

Final Pretrial conference

Answer 4

Determines the issues to be tried and evidence to be proffered at trial so that there are no surprises at trial

Question 5

Motion in limine

Answer 5

A pretrial motion to decide whether the jury should hear certain evidence

Question 6

Seventh Amendment Right to Jury

Answer 6

Actions at law: jury trial

Actions in equity: bench trial

Mixed suits: jury issues tried first
-Facts underlying both a claim for damages and equitable remedy = jury

A party must demand a jury in writing within 14 days after service of the answer
-Otherwise, party waives right to jury

Minimum of six, maximum of twelve jurors

Question 7

For cause challenges

Answer 7

Unlimited number of challenges for a juror that cannot be fair and impartial

Question 8

Peremptory challenges

Answer 8

Three peremptory challenges for which the party states no reason
-Must be used in race and gender neutral manner

Question 9

Jury instructions

Answer 9

Parties submit proposed jury instructions to do judge at the close of evidence

Court must state on the record what instructions it will give and what proposed jury instructions it rejected

Question 10

General verdict

Answer 10

Declares winner and what relief

Question 11

Special verdict

Answer 11

Jury answers specific questions, but doesn’t decide a winner
-In writing

Question 12

General verdict with written questions

Answer 12

Hybrid verdict where the jury declares a winner and answers specific questions

Question 13

Entry of judgment

Answer 13

General verdict: court clerk enters judgment

Special verdict/hybrid verdict:
-If answers are consistent with each other and verdict, the judge will approve the verdict and the court clerk will enter it
-If answers are inconsistent with verdict, the court enters judgement consistent with the answers
-If answers are inconsistent with each other + general verdict, no judgment may be entered

Question 14

Juror misconduct

Answer 14

A verdict may be impeached based on external matters like bribery or tampering, but cannot be set aside if the misconduct was harmless

Question 15

Bench trial

Answer 15

Judge must record his findings of fact orally on the record or in writing, along with her conclusions of law

Question 16

Motion for Judgment as a Matter of Law (JMOL)

Answer 16

If the judge grants JMOL, the judge enters judgment for one party
-Historically called directed verdict
-Based on evidence presented at trial

Standard: reasonable people could not disagree and evidence is viewed in the light most favorable to the non-moving party

Timing: can move for JMOL after the other side has been heard at trial on the issue

Question 17

Renewed Motion for Judgment as a Matter of Law (RJMOL)

Answer 17

Post-trial JMOL
-Requires that the party moved for JMOL during trial and based on the same grounds
-Must be made within 28 days of entry of judgment

Question 18

Motion for New Trial

Answer 18

A new trial can be granted on any non-harmless error that the judge thinks warrants a new trial

Potential reasons:
-Judge gave erroneous jury instruction
-New evidence was discovered that could not have been discovered before with due diligence
-Misconduct
-Serious error of judgment
-Damages are inadequate or excessive

*Less drastic remedy compared to dispositive RJMOL

Question 19

Remittitur

Answer 19

When damages figure “shocks the conscience” (too high)
-Plaintiff can remit part of the damages award or go through a new trial
-Allowed in federal and state court

Question 20

Additur

Answer 20

When damages figure “shocks the conscience” (too low)
-Defendant can add to the damage award or go through a new trial
-Allowed in state, but NOT federal court

Question 21

Offer of judgment

Answer 21

A defendant can submit formal offers to settle a case up to 14 days before trial
-If P rejects an offer and gets less at trial, P is liable to D for the litigation costs incurred after the offer was made

Question 22

Motion for Relief from Order or Judgment

Answer 22

A.K.A.: Motion to Set Aside

Grounds and timing:
1. Clerical error (any time)
2. Mistake, excusable neglect (reasonable time not more than 1 year)
3. Fraud, misrepresentation of misconduct by opposing party (reasonable time not more than 1 year)
4. Newly discovered evidence that could not have been discovered with due diligence for a new trial motion within 28 days after trial (reasonable time not more than 1 year)
5. Judgment is void (no SMJ) (reasonable time not more than 1 year)