Conferences, Trial, Judgment, and Post-Trial Motions

Question 1

Jury Trial

What does party need to do to receive jury trial?

Answer 1

File written demand and serve it on all parties within 14 days of service after the last pleading directed to the jury-triable issue

Otherwise, right to jury trial is deemed WAIVED (but court can grant relief from waiver is issue is of type normally tried by a jury)

Question 2

Right to Jury Trial

What happens when legal and equitable claims are joined in one action involving common fact issues?

Answer 2

Legal claim is tried FIRST before the jury and then the equitable claim (ex. rescission of contract) is tried to the court.

Jury’s finding on fact issues binds the court for equitable claim.

Legal Claim: P seeking money damages (ex. breach of contract/tort) [only jury can decide]
Equitable Claim: P seeking injunction, rescission of contract, specific performance, etc. [only judges can decide]