Conferences, Trial, Judgment, and Post-Trial Motions

Question 1

Rule 26(f) conference

Answer 1

Unless court order says otherwise, at least 21 days b/c courts scheduling order, parties meet and confer to discuss production of:
1) required initial disclosures
2) claims
3) defenses
4) settlement
5) and preservation of discoverable info

Parties must present a detailed discoverable plan no later than 14 days after the conference.

Question 2

Discovery plan

Answer 2

Must include:
1) views and proposals on timing,
2) issues about discovery of ESI

Question 3

Scheduling Order

Answer 3

After discovery plan, court enters an order setting cut-offs for joineder, amendment, motions, completion of discovery, etc.

Question 4

Pretrial conference

Answer 4

Court may hold pretrial conferences to oversee case.

Final one determiens the issues to be tried and evidence to be proferred at trial. Purpose: no suprises as trial.

Question 5

Motion in limline

Answer 5

A pretrial motion outside the presence of the jury to decide whether the jury should hear certain evidence

Question 6

Right to a jury in federal court

Answer 6

Rooted in 7th amendment: avialble for civil actions at law, BUT NOT SUITS IN EQUITY.

No 7A right in state court.

Party must demand the jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue. (usually the answer).

Question 7

Right to jury in mixed suits (law and equity)

Answer 7

Facts underlying a damages claim will be tried to the jury.
THEN (generally)
Facts relating wholly to an equity claim are tried by the judge.

If facts underly both claims, jury decides.

Question 8

For cause jury challenges

Answer 8

Example: potential juror won’t be impartial.

Unlimited number.

Question 8

Selection and Composition of Jury

Answer 8

Each side may ask the court to strike potential jurors. Two kinds of challenges:
1) For cause challenges
2) Preemptory Challenges

Minimum 6, max 12 jurors, unless the parties agree otherwise. Verdict must be unaniimous unless parties agree otherwise.

Question 9

Preemptory Jury Challenges

Answer 9

Party states no reason. Generally, each side is limited to three.

Must be race and gender neutral.

Question 10

Jury instructions

Answer 10

Jury decides facts, but is instructed on the law by the judge. Parties submit proposed jury instructions to the judge.

Conferences regarding jury instructions may be held.

Before final argument and instruction, and on the record, court informs the parties of
1) What instructions it will give
2) what proposed jury instructions are rejected.

Parties may object. If objection not made before the jury is “charged”, its waived.

Question 11

Revisiting Jury Instructions

Answer 11

Oly is there is a clear error that affected a party’s rights

Question 12

Forms of Verdicts

Answer 12

Form of verdict is determiend by the judge.

1) General Verdict
2) Special Verdict
3) General Verdict with Written Questions

Question 13

General Verdict

Answer 13

Says who wins and, if P wins, the relief

Question 14

Special Verdict

Answer 14

Jury answers in writing specific written questions about the facts in dispute, but doesn’t say who wins or loses.

Question 15

General Verdict w/ Written Questions

Answer 15

What is soudns like. General verdict + answers specific questions.

Question 16

Entry of Judgment

Answer 16

General Verdict: Clerk enters it

Special Verdict or GV w/ WQ: If answers are consistent with eachother and with the verdict, judge approves the judgment and clerk enters it.

Question 17

Inconsistency between GV and Written Questions: answers are consistent with eachother but inconsistent with verdict

Answer 17

Court may enter an appropriate judgment consistent with answers

Question 18

Inconsistency between GV and Written Questions: Answers are inconsistent with eachother and 1+ is inconsistent with general verdict

Answer 18

No judgment may be entered. Judge may order the jury to reconsider or order a new trial.

Question 19

Juror Misconduct

Answer 19

Verdict may be impeached based on “external matters.” (juror misconduct).

But verdict will not be set aside if misconduct was harmless.

Question 20

Nonjury/Bench Trial

Answer 20

Judge determines facts and must record finding of fact orally on the record or in writing, along with conclusionso f law.

(Usually very short) Judgment must be entered.

Question 21

Motions At and After Trial

Answer 21

1) Motion for Judgment as a matter of law (JMOL)
2) Renewed JMOL
3) Motion for a new trial
4) Remittiur
5) Additur

Question 22

JMOL

Answer 22

Applies in jury trials. If granted, case does not go to the jury. Instead, judge grants the motion and enters judgment based on evidence presented at trial.

Question 23

JMOL Standard

Answer 23

Reasonable person would not disagreeon the result (like sum jud but at trial).

Evidence viewed in light most favorable to non moving party

Question 24

JMOL Timing

Answer 24

Can move for it anytime before the case is submitted before the jury, but a court can’t grant until the opposing party has been head at trial on the issue.

Question 25

RJMOL

Answer 25

Same as JMOL but comes up after trial. If granted, court enters judgment for party that lost jury verdict.

Evidence viewed in light most favorable to nonmovers.

Question 26

Timing and Prerequisites of RJMOL

Answer 26

1) Within 28 days after entry of judgment.
2) Party MUST have been moved for JMOL validly. Failure waives RJMOL.
3) RJMOL must be based on same grounds as failed JMOL.

Question 27

Motion for New Trial

Answer 27

Scenario: Judgment entered, but trial error requires new trial.

New trial can be granted on any nonharmless error that makers the judge think there should be a doover.

Must move witin 28 days of judgment.

Question 28

Some reasons to grant new trial motion

Answer 28

1) Judge gave erroneous jury instruction
2) New evidence discovered that couldn’t have been discovered before with due dilligence
3) Misconduct by juror, party, lawyer, etc
4) Judgment is against weight of the evidence
5) Damages are inadequate or excessive

Question 29

Remittiur and Additur purpose and grounds and standard

Answer 29

Purpose: Avoid whole new trial.

Grounds: jurys damages figure is excessive or inadequate

Standard: Damage figure shocks the conscious

Question 30

Remittiur

Answer 30

Anti-P.

Court offers P a choice: remit part of the damages or new trial.

Question 31

Additur

Answer 31

Anti-D

Court offers D a choice: add to the damage award or new trial.

May be allowed in state court BUT NOT FEDERAL COURT.

Question 32

Offer of Judgment

Answer 32

D can submit formal offers to settle the case up to 14 days before trial.

Includes cost shifting provision if P rejects and trial result is worse.

Question 33

Motion for Relief from ORder or Judgment (circumstances and timing)

Answer 33

After judgment entered, can obtain relief under certain circumstances.

1) Clerical error: Any time
2) Mistake, excusable neglect: Reasonable time (never >year)
3) Fraud/misrep/misconduct: RT (never >year)
4) Newly discovered evidence that couldn’t have been discovered with due dillegence (must have existed at time of trial: RT (never >year)
5) Judgment void (like no SMJ): reasonable time (no max)