Conferences, Trial, Judgment, and Post-Trial Motions Flashcards
Rule 26(f) conference
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.
Discovery plan
Must include:
1) views and proposals on timing,
2) issues about discovery of ESI
Scheduling Order
After discovery plan, court enters an order setting cut-offs for joineder, amendment, motions, completion of discovery, etc.
Pretrial conference
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.
Motion in limline
A pretrial motion outside the presence of the jury to decide whether the jury should hear certain evidence
Right to a jury in federal court
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).
Right to jury in mixed suits (law and equity)
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.
For cause jury challenges
Example: potential juror won’t be impartial.
Unlimited number.
Selection and Composition of Jury
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.
Preemptory Jury Challenges
Party states no reason. Generally, each side is limited to three.
Must be race and gender neutral.
Jury instructions
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.
Revisiting Jury Instructions
Oly is there is a clear error that affected a party’s rights
Forms of Verdicts
Form of verdict is determiend by the judge.
1) General Verdict
2) Special Verdict
3) General Verdict with Written Questions
General Verdict
Says who wins and, if P wins, the relief
Special Verdict
Jury answers in writing specific written questions about the facts in dispute, but doesn’t say who wins or loses.
General Verdict w/ Written Questions
What is soudns like. General verdict + answers specific questions.
Entry of Judgment
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.
Inconsistency between GV and Written Questions: answers are consistent with eachother but inconsistent with verdict
Court may enter an appropriate judgment consistent with answers
Inconsistency between GV and Written Questions: Answers are inconsistent with eachother and 1+ is inconsistent with general verdict
No judgment may be entered. Judge may order the jury to reconsider or order a new trial.
Juror Misconduct
Verdict may be impeached based on “external matters.” (juror misconduct).
But verdict will not be set aside if misconduct was harmless.
Nonjury/Bench Trial
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.
Motions At and After Trial
1) Motion for Judgment as a matter of law (JMOL)
2) Renewed JMOL
3) Motion for a new trial
4) Remittiur
5) Additur
JMOL
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.
JMOL Standard
Reasonable person would not disagreeon the result (like sum jud but at trial).
Evidence viewed in light most favorable to non moving party
JMOL Timing
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.
RJMOL
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.
Timing and Prerequisites of RJMOL
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.
Motion for New Trial
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.
Some reasons to grant new trial motion
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
Remittiur and Additur purpose and grounds and standard
Purpose: Avoid whole new trial.
Grounds: jurys damages figure is excessive or inadequate
Standard: Damage figure shocks the conscious
Remittiur
Anti-P.
Court offers P a choice: remit part of the damages or new trial.
Additur
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.
Offer of Judgment
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.
Motion for Relief from ORder or Judgment (circumstances and timing)
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)
