Conferences, Trial, Judgment, and Post-Trial Motions Flashcards
where are we at now?
adjudication AT trial!!!
what are the types of judicial management?
1) Rule 26(f) conference
2) Scheduling Order
3) Pretrial Conferences
what is a Rule 26(f) conference?
**generally (unless court says otherwise) - at least 21 days BEFORE the court’s SCHEDULING ORDER, the parties must “MEET AND CONFER” to discuss PRODUCTION of REQUIRED INITIAL DISCLOSURES, claims, defense, settlement, and preservation of discoverable information
what must parties present to the court after a rule 16(f) conference?
Parties must present to the court, a detailed DISCOVERY PLAN no later than 14 days after the Rule 26(f) conference
what must the parties’ discovery plan include?
the plan must include views and proposals on timing, issues about discovery of ESI, including how it will be produced, and any problems retrieving it (i.e. deleted files)
when are discovery tools available?
generally no discovery tools before a Rule 26(f) conference!! with the exception of a request for PRODUCTION (clock for a response to this does not begin until after the rule 26(f) conference is had)
what is the court’s ‘scheduling order’?
unless local rule or court order says othersiw - the court enters an order setting CUT-OFFS for:
- joinder
- amendments
- motions
- completion of discovery
etc.
**ROADMAP of how litigation will proceed up until trial
what is a pretrial conference?
court may hold “pretrial conferences” to OVERSEE the case
what is a “final” pretrial conference?
a 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.
what does a jury trial do?
If we have a jury, determines the facts and returns the ‘VERDICT’
What is a “mOTION IN LIMINE”?
a pretrial motion OUTSIDE the presence of the jury to decide whether the jury should hear certain evidence
What is it called when there is no jury and the judge determines the facts?
This is a bench trial
Is there a right to a jury trial in federal court?
7th Amendment - preserves right to jury in CIVIL ACTIONS AT LAW - but NOT in suits at equity (7thAm only applies to federal civil cases - not state court)
What is a case involves both Law and equity?
The facts that underlie the legal claims will be tried to the jury; and the facts that relate wholly to an equity claim, are tried to the judge.
Generally, the jury issues will be tried first
What happens if a fact, underlies both a claim in law and an equitable claim?
the jury will decide that fact!!!
Can a party demand a jury?
A party must demand the jury in WRITING no later than 14 days after service of the last pleading, addressing a jury triabal issue.
If a party fails to do so, she waive the right to a jury.
The last pleading, addressing a jury issue is usually the answer
When is a jury waived?
If the requesting party’s demand would be more than 14 days after the last pleading that addressed a jury triable issue
what is the JURY SELECTION process called?
the jury selection process is called “voir dire”
what does each side get to do during the jury selection process?
during voir dire - each side MIGHT ask the court to STRIKE (remove) potential jurors.
What are the two types of challenges to jurors?
(1) for cause challenges
(2) peremptory challenges
What are (1) for cause challenges?
a juror may be challenged “for cause” - if the potential juror would not be IMPARTIAL
How many “for cause” challenges does each side get?
each side has an UNLIMITED number of challenges for cause
what is a (2) PEREMPTORY challenge?
peremptory challenges are challenges for which the party STATES NO REASON.
How many peremptory challenges does each side get?
GENERALLY - each side is limited to 3 PEREMPTORY CHALLENGES
In what ways me a peremptory challenge be used?
peremptory challenges may be used ONLY in a RACE-neutral manner and a GENDER-neutral manner
why? because jury selection is a state action (even in civil cases between private parties)
How many jurors are on a CIVIL jury in a federal court?
A MINIMUM of 6 JURORS - and a MAXIMUM of 12 jurors - UNLESS the parties agree otherwise
How much is a verdict by the jury look like?
Generally, all jurors participate in the verdict, unless a juror is excused for a GOOD CAUSE, and
the verdict must be unanimous, unless the parties agree otherwise
what does a jury decide?
the jury decides the FACTS - but is instructed ON THE LAW by the JUDGE
jury instructions?
Parties submit proposed to her instructions to the judge
when are ‘proposed jury instructions’ submitted to the judge?
The parties jury instructions are submitted to the Judge at the close of all evidence - OR earlier if the court says so
What can a judge do regarding the proposed jury instructions?
The judge me hold an “off the record” conference with the parties to discuss proposed jury instructions.
What else must a quart do regarding proposed jury instructions?
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
What can parties do when the court informed them of the jury instructions that it will give?
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.
When is an objection to jury instructions waived?
If objections are not made before the jury is “charged” (given instructions) - the objection is WAIVED
When can a quart revisit jury instruction?
A court can revise that jury instruction oNLY for clear error that affected a party’s rights (if it is objected to)
What else does a jury to aside from deciding the facts?
A jury will issue a verdict
Who determines what verdict from the jury will use?
the judge
What are the three types of different verdicts?
1) General Verdict
2) Special Verdict
3) General Verdict with Written quetions
what is a 1) general verdict?
A general verdict just says who wins and, if plaintiff wins, what the relief is.
what is a 2) Special Verdict?
In a special verdict, the jury answers, in writing, specific written questions (given to them) about the facts in dispute, but it does NOT say who wins or loses
what is a (3) General verdict with written questions?
In a 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.
What happens when a jury returns a general verdict??
If the jury returns, a general verdict, the clerk of the court will enter the judgment.
What happens when a jury returns a special verdict or a general verdict with written questions?
If the jury returns a special verdict, or a general verdict, with written questions, and the answers are consistent with each other, and with the verdict, the Judge approves the judgment, and the clerk enters it
What happens if in a general verdict, the answers are consistent with each other, but not consistent with the verdict?
If the answers are consistent with each other, but inconsistent with the verdict, the court may enter an appropriate judgment, consistent with the answers
The judge may also tell the jury to reconsider or order a new trial
What happens if the answers are inconsistent with each other, and one or more, is inconsistent with the general verdict?
Then, no judgment may be entered, or the court may order the jury to reconsider or order a new trial
When can a verdict be impeached?
A verdict may be impeached based on external matters
i.e. if jurors were bribed, or based the verdict on their investigation of matters outside of court, instead of the evidence at trial
What happens if the jurors verdict is impeached based upon external matters??
A new trial can be ordered
Who can give evidence of such external matters?
Non-jurors may give first hand evidence of such things
When will the verdict not be set aside if there was misconduct?
A verdict will not be set aside. If the misconduct was harmless, for example, a juror chatted for a moment with a party about the weather, and not the case.
When is there No Jury?
there is no jury either because the 7th amendment did not apply (state court) oR the parties waived the right to a jury trial
What happens when there is no jury?
When there is no jury, the judge determines the facts at trial
what must a judge do when determine the facts at trial?
the judge must:
(1) record their “findings of fact” orally on the record OR in writing
(2) along with their conclusions of law (which are stated separately)
(3) enter a judgment (very short - tells who wins and if plaintiff won - the relief that is granted)
what are the types of motions available at and after trial?
a) motion for judgment as a matter of law
b) renewed motion for judgment as a matter of law
c) motion for a new trial
d) remittitur and additur
a) motion for judgment as a matter of law
Also known as a directed verdict, this motion applies in jury trials
What happens if a judge grants a motion for judgment as a matter of law?
If the judge grants a judgment, as a matter of law, the case will not go to the jury, the judge grants the motion, and enters judgment.
The Motion is based upon evidence presented at trial
What is the standard for granting a for a judgment as a matter of law?
The standard, for granting the motion is that REASONABLE PEOPLE COULD NOT DISAGREE ON THE RESULT
- court views the evidence in the light most favorable to the non-moving party
**very similar to summary judgment (where there was no dispute of material fact - except that this comes up at trial instead of before trial
When can a party move for a judgment as a matter of law?
A party can move for judgment as a matter of law, after the other side has been heard at trial on the issue
What is a renewed Motion for judgment as a matter of law?
This is the same as a for judgment, as a matter of law, but it comes up after trial
What happens when a renewed motion for judgment, as a matter of law is granted
If it is granted, the court enters judgment for the party that lost the jury verdict. The court views, the evidence in the light most favorable to the non-moving party.
when must a RJMOL be made?
an RJMOL must be made within 28 days after ENTRY OF JUDGMENT
When is a party allowed to bring a renewed motion for judgment as a matter of law?
In order to bring a renewed motion for a judgment as a matter of law, the party must have moved for judgment as a matter of law at the proper time at the trial
How is a renewed motion for judgment of law waived?
Will be waived if the party had not moved for a motion for judgment as a matter of law at the proper time at trial
What must a renewed motion for a judgment as a matter of law be based on?
Must be based on the same grounds as the motion for judgment as a matter of law
What other options does a party have? motion for new trial?
If judgment is entered, and there are some error at trial that requires that the party start over and have a new trial
When is a new trial granted?
A new trial can be granted on any, non-harmless, error that makes the judge think there should be a do over
When must a party move for a new trial?
A party must move for a new trial within 28 days of the judgment
What are some reasons that a new trial would be granted
Reasons a new trial would be granted are:
a) judge gave an ERRONEOUS jury instruction
b) new EVIDENCE was discovered that COULD NOT HAVE BEEN discovered before with due diligence
c) misconduct was committed by a juror, party, or lawyer, etc.
d) the judgment against weight of the evidence (serous error of judgment)
e) damages are inadequate, or excessive
Why would a party choose to do a motion for a new trial?
A party, who met the standards for a renewed motion for a judgment as a matter of law, but waived it as they did not move for a motion for judgment as a matter of law - might want to move for a new trial on the grounds that the verdict is against the weight of the evidence
What is the difference between granting a renewed motion for a judgment as a matter of law, and granting a motion for new trial?
Ordering a new trial is less drastic than ordering a renewed motion for a judgment as a matter of law, because a new trial results and starting over, so the same party may still win.
in a RJMOL - results, and taking judgment away from one party, and giving it to the other
What might a course suggest in order to avoid a new trial
a court might suggest REMITTITUR or ADDITUR
what is remittitur?
Remittitur is when the court offers the PLAINTIFF a choice:
1) REMIT part of the damages award; or
2) go through a new trial
Why does the court offer this option in a remittitur
The court has to offer the plaintive these options, because the court cannot simply lower the figure that was set by the jury, as this would violate the seventh amendment
what is ADDITUR?
This is when the court offers the defendant a choice:
1) ADD to the damage award; OR
2) go through a new trial
Where is additur allowed?
it is allowed in STATE court - but not in FEDERAL COURT - as it violates the 7th amendment
what is an ‘offer of judgment’?
an offer of judgment is when the defendant offers the plaintiff to settle the case
who can submit an offer of judgment?
A defendant can submit formal offers to settle the case up to 14 days before trial. T
the benefit is that the rule contains cost-shifting provisions that apply when a plaintiff rejects an offer to settle and doesn’t do as well at trial as the offer.
when can a party obtain relief from a judgment after it has been entered?
(1) clerical error (any time)
(2) mistake, excusable neglect (i.e. viable defense) - can be brough at a reasonable time (never more than 1 year)
(3) fraud, misrepresentation, or misconduct by opposing party (reasonable time -never more than 1 year)
(4) Newly discovered evidence that could not have been discovered with due diligence for a new trial motion. The newly discovered facts must have existed at the time of trial (reasonable time -never more than 1 year)
(5) judgment is void (i.e. court had no SMJ) - reasonable time - no maximum
