Conferences, Trial, Judgment, and Post-Trial Motions

Question 1

Rule 26(f) Conference Requirements

Answer 1

At least 21 days before court’s scheduling order, the parties must “meet and confer” to discuss production of required initial disclosures, claims, defenses, settlement, and the preservation of discoverable information. They must present to the court a detailed discovery plan no later than 14 days after Rule 26(f) conference

Question 2

Contents of discovery plan?

Answer 2

Views and proposals on timing, issues about discovery of ESI, including how it will be produced and any problems retrieving it

Question 3

7th Amendment Right to Jury Trial: Federal, State, or Both?

Answer 3

Only federal civil cases

Question 4

Jury Demand Logistics

Answer 4

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

Question 5

Peremptory Challenges, i.e. challenges with no reason

Answer 5

May be used only in a race-and-gender -neutral manner

Question 6

Jury Instruction Conference

Answer 6

On the record, court informs the parties what instructions it will give and what proposed jury instructions it rejected

Question 7

Forms of Verdicts

Answer 7

1. General Verdict: who wins and relief if applicable
2. Special Verdict: jury answers in writing specific written questions about facts in dispute, but does not say who wins or loses
3. General Verdict with Written Questions: jury not only gives general verdict but also answers specific questions

Question 8

Entry of Judgment

Answer 8

If answers are consistent with each other and verdict, judge approves judgment and clerk enters it

If answers are consistent with each other but inconsistent with verdict, court may enter appropriate judgment consistent with the answers

If answers inconsistent with each other and verdict, no judgment may be answered

Question 9

Motions at and After Trial

Answer 9

Motion for JMOL: court grants motion and enters judgment
- Standard: reasonable people cannot disagree
- Timing: Any time before case is submitted to jury but court may not grant until party opposing motion has been heard at trial on the issue

Renewed Motion for JMOL: same as JMOL but comes up after trial
- Standard: court views evidence in light mot favorable to the non-moving party
- Timing: Within 28 days after entry of judgment & party must have moved for JMOL at trial

Motion for New Trial: must move for new trial within 28 days
- New trial is less drastic than ordering RJMOL

Question 10

Remittitur and Additur

Answer 10

Remit: Plaintiff has choice to remit part of damages awarded or go through new trial

Addit: Def. has choice to add to damages or go through a new trial