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