Conferences, Trial, Judgment, and Post-Trial Motions Flashcards
Rule 26(f) Conference
At least 21 days before court’s scheduling order, parties “meet and confer” to discuss production of required initial disclosures, claims, defenses, settlement, and preservation of discoverable information.
Final Pretrial Conference
Determines the issues to be tried and evidence to be offered at trial. There should be no surprises at trial.
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).
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 this they waive their right to a jury.
How many jurors are on a civil jury in federal court?
A minimum of 6 and a max of 12, unless the parties agree otherwise.
Forms of Verdicts
- General verdict
- special verdict
- general verdict with written questions
Motion for Judgment as a Matter of Law JMOL (directed verdict)
Applies in jury trials. If a judge grants JMOL, case will not go to jury, the judge grants the motion and enters judgment. The motion is based upon evidence presented at trial.
Renewed Motion for Judgment as a Matter of Law (RJMOL)
Same as JMOL but it comes up after trial. If RJMOL granted, the court enters judgment for the party that lost the jury verdict.
What is an absolute prerequisite for bringing RJMOL?
Party must have moved for JMOL at the proper time at trial. Failure to do so waives RJMOL.
When can a party move for a new trial?
Within 28 days of the judgment.
Why is a new trial a less drastic remedy than a RJMOL?
New trial is starting over so the same party might win. A RJMOL takes a judgment from a party and gives it to the other party.
