Conferences, Trial, Judgment, and Post-trial Motions Flashcards
Rule 26(f) conference
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
Discovery plan
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
Scheduling order
Roadmap for how the litigation will proceed up to trial
Final Pretrial conference
Determines the issues to be tried and evidence to be proffered at trial so that there are no surprises at trial
Motion in limine
A pretrial motion to decide whether the jury should hear certain evidence
Seventh Amendment Right to Jury
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
For cause challenges
Unlimited number of challenges for a juror that cannot be fair and impartial
Peremptory challenges
Three peremptory challenges for which the party states no reason
-Must be used in race and gender neutral manner
Jury instructions
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
General verdict
Declares winner and what relief
Special verdict
Jury answers specific questions, but doesn’t decide a winner
-In writing
General verdict with written questions
Hybrid verdict where the jury declares a winner and answers specific questions
Entry of judgment
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
Juror misconduct
A verdict may be impeached based on external matters like bribery or tampering, but cannot be set aside if the misconduct was harmless
Bench trial
Judge must record his findings of fact orally on the record or in writing, along with her conclusions of law
Motion for Judgment as a Matter of Law (JMOL)
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
Renewed Motion for Judgment as a Matter of Law (RJMOL)
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
Motion for New Trial
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
Remittitur
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
Additur
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
Offer of judgment
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
Motion for Relief from Order or Judgment
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)
