Conferences, Trial, Judgment, and Post-Trial Motions Flashcards
What are the three main judicial management tools in the outline?
- Rule 26(f) conference
- Scheduling Order
- Pretrial Conferences
Rule 26(f) conference: What, When, Effect on Discovery.
What: the parties “meet and confer” to discuss production of required initial disclosures, claims, defenses, settlement, and preservation of discoverable information.
When:
1. Unless the court order says otherwise, at least 21 days before the court’s scheduling order.
2. They must present to the court a detailed discovery plan no later than 14 days after the Rule 26(f) conference.
Effect: Discovery cannot occur before the rule 26(f) conference. EXCEPT you can send a request for production, but even then the clock for that doesn’t start counting until after conference.
What is the discovery plan and what does it included?
Discovery plan must be detailed and submitted to the court within 14 days after the Rule 26(f) conference.
It must include views and proposals on timing, issues about discovery of ESI (How it will be produced and any problems retrieving it (for example, deleted files), etc.)
What is a Scheduling Order?
Unless local rule or court order says otherwise, the court enters an order setting cut-offs for joinder, amendment, motions, completion of discovery, etc. This is a roadmap for how the litigation proceeds up to trial.
What takes place at 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.
Who determines facts in a trial?
Jury Trial: Jury determines the facts and returns the “verdict.”
Bench Trial: Judge determines the facts.
What is a motion in limine?
Pretrial motion outside the presence of the jury to decide whether the jury should hear certain evidence.
When does a person have a right to a jury trial under the 7th Amendment?
When the person demands it: a party must file a written demand and serve it on all the parties within 14 days after the service of the last pleading directed to the jury-triable issue (issually the answer). If not, waives jury trial.
In civil actions at law.
In federal cases.
NOT in state court.
NOT in suits at equity.
- Mixed suits of law and equity? Facts underlying a damages claim will be tried to the jury. Facts relating wholly to an equity claim are tried to the judge. Generally, the jury issues will be tried first.
- What if the same facts underly both law and equity claim? Jury will decide that fact.
Jury: Composition; Selection; Verdict
Composition:
Min. 6 / max. 12 jurors in civil jury in federal court unless parties agree otherwise.
Selection:
In the jury selection process (“voir dire”), each side might ask the court to strike (remove) potential jurors. There are two kinds of challenges to jurors:
(1) For Cause Challenges:
* - For cause, like potential inability to be impartial.
* Unlimited.
(2) Peremptory Challenges:
* - No reason given.
* - Limited to 3
* - Only used in a race and gender neutral manner.
Verdict:
1. - All jurors participate in the verdict unless a juror is excused for good cause.
2. Verdict must be unanimous unless the parties agree otherwise.
What are the different Forms of Verdicts?
The judge determines what verdict form the jury will use.
General Verdict: Who wins and, if plaintiff wins, what the relief is.
Special Verdict: The jury answers, in writing, specific written questions about the facts in dispute, but it does not say who wins or
loses.
General Verdict with Written Questions: Jury not only gives a general verdict, but it also answers specific questions submitted to it.
(Questions ensure that the jury focused on the important issues).
What is the process for the Entry of Judgment?
General verdict: The clerk of the court will enter the judgment.
Special verdict (or general verdict with written questions)
(1) the answers are consistent with each other AND
(2) answers are consistent with the verdict:, then
the judge approves the judgment and the clerk enters it.
General verdict with written questions:
(A) Answers are consistent with each other BUT inconsistent with the verdict = the court may (1) enter an appropriate judgment consistent with the answers, or (2) it can tell the jury to reconsider or (3) order a new trial.
(B) Answers are inconsistent with each other and one or more is inconsistent with the general verdict = no judgment may be entered. BUT the court may (1) order the jury to reconsider or (2) order a new
trial.)
What happens if there is juror misconduct?
A verdict may be “impeached” based upon “external” matters. (So if jurors were bribed, or based the verdict on their investigation
of matters outside of court instead of the evidence at trial, a new trial can be ordered).
Non-jurors may give first-hand evidence
of such things.
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 (not the case).
Bench Trial: Reasons and Judge Role
When there is no jury (either Seventh Amendment did not apply or the parties waived the right to jury trial).
The judge determines the facts at trial. The judge must record her “findings of fact” orally on the record or in writing, along with her
onclusions of law (which are stated separately from her findings of fact).
A judgment also must be entered. The judgment is very short—just telling who wins and, if plaintiff won, the relief granted.
What is Motion for Judgment as a Matter of Law?
For centuries, a JMOL was called a “directed verdict.”
The motion applies in jury trials. If the judge grants JMOL, the case will not go to the jury—instead, the judge grants the motion and enters judgment. The motion is based upon evidence presented at trial.
What is the standard for grant JMOL and how is it different than SJ?
Standard: Reasonable people could not disagree on the result.
Compared to SJ: SJ comes up before trial, JMOL is during trial. In both, judge views evidence in the light most favorable to the non-moving party.
