Conferences, trial, judgment and post-trial motions Flashcards
what is the rule 26(f) conference?
contents of discovery plan
WHAT IT IS:
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, settl ment, 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.
CONTENTS
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
An order setting cut-offs for joinder, amendment, motions, completion of discovery, etc. [Unless local rule or court order says otherwise]
This is a roadmap for how the litigation proceeds up to trial.
what is the 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.
jury trial vs. bench 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”).
what is a motion in limine
pretrial motion outside of the presence of the jury to decide whether the jury should hear certain evidence.
when do you have a right to a jury trial in federal court
RULE:
The Seventh Amendment preserves the right to jury in “civil actions at law,” but not in suits at equity.
WHEN YOU HAVE A RIGHT TO A JURY TRIAL in “civil actions at law”
(1) damages / normal “at law” actions ==
whole action is jury trial
(2) mixed suits of law and equity where different facts underlie each claim ==
at law factual claims tried by jury; equity factual claims tried by judge [jury issues tried first]
(3) mixed suits of law and equity where same facts underly both law and equity claims ==
jury will decide that fact
does the 7th Amendment apply in state court?
NO. The Seventh Amendment doesn’t apply in state court, only federal civil cases.
how to get a jury trial, procedurally?
party must demand jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue [usually the answer]
and must serve the demand on all the parties within that 14 days
failing to make the demand = waiver of right to a jury
what is the jury selection process called and what happens generally
voir dire
each side may ask the judge to strike potential jurors
what challenges are there for striking jurors
(1) for cause
– strike because potential juror will be impartial or some other reason relating to that jury prejudicing the party in some way
– unlimited
(2) peremptory
– challenges where party states no reason
— each side gets 3
– may be used only in a race and gender neutral manner b/c jury selection is a state action even in a civil action between private parties
number of jurors in federal court in civil jury trial
minimum of 6 maximum of 12 unless parties agree otherwise
participation of jurors in federal civil jury trial
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.
Six jurors are empaneled and during trial one is excused for good cause because of health problems. Can the remaining five return a verdict absent stipulation?
no need at least 6
when does jury hear jury instructions
at the close of all the evidence
who gives jury instructions
judge
but parties submit proposed jury instructions to the judge
what are jury instructions
instructions on the law
explain how jury instruction conferences are held and how the instructions are chosen / objected to
WHAT: The judge may hold an “off the record” conference with the parties to discuss proposed jury instructions.
HOW INSTRUCTIONS CHOSEN:
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.
OBJECTIONS: The parties must be allowed to object on the record and out of the jury’s hearing. This is true even if the party objected during the “off the record” conference.
WAIVER: If objections are not made before the jury is “charged” (given the instructions), the objection is waived.
REVISIT: A court can revisit that jury instruction only for clear error that affected a party’s rights.
who decides what verdict form the jury will use
judge
what are the forms of verdicts
(1) general verdict
says who wins and, if plaintiff wins, what the relief is
—- court enters judgment
(2) special verdict
the jury answers, in writing, specific written questions about the facts in dispute, but it does not say who wins or loses
—– if the answers are consistent with each other and with the verdict, the judge approves the judgment and the clerk enters it
(3) 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.
—- if the answers are consistent with each other and with the verdict, the judge approves the judgment and the clerk enters it
what happens in the case of inconsistency Between General Verdict and Written Questions
In a case involving general verdict with written question:
if answers are consistent with each other BUT INconsistent with the verdict, court may enter an appropriate judgment consistent with the answers.
(Or it can tell the jury to reconsider or order a new trial.)
BUT
If 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 happens if jurors misbehave (bribe, didn’t base verdict on evidence, etc.)
SERIOUSLY HARMFUL CONDUCT BY JURORS: juror being bribed or basing verdict on their investigation of matters outside of court instead of the evidence at trial [EXTERNAL]
(1) verdict may be impeached based on such harmful external matters
(2) if verdict is impeached, court may order a new trial
(3) note that non-jurors may give first-hand evidence of such things
HARMLESS CONDUCT: juror chatted for a moment with a party about the weather rather than the case
(1) verdict will not be set aside
how does a bench trial work re: delivering the verdict and judgement
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).
The judgment is very short—just telling who wins and, if plaintiff won, the relief granted.
list the motions that come after trial
(1) motion for judgment as a matter of law (JMOL) / motion for a directed verdict
(2) Renewed motion for judgment as a matter of law (RJMOL)
(3) motion for new trial
what does JMOL do and when does it apply and what is the standard for granting it? also, whats the timing for moving for it?
(1) applies in jury trials
(2) when granted, the case will not go to jury, judge grants the motion and enters judgement based on evidence at trial
(3) standard: “reasonable people could could not disagree on the result” ; court views evidence in light most favorable to non-moving party
[ex: P fails to put on any evidence of one of the elements of her claim - reasonable people could not disagree]
(4) timing: A party can move for JMOL after the other side has been heard at trial on the issue. [Ex: once P finishes her case, D can move]
