Conferences, Trial, Judgment, and Post-Trial Motions

Question 1

Rule 26(f) Conference

Answer 1

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

Question 2

Contents of Discovery Plan

Answer 2

Must include:
- views + proposals on timing
- issues about discovery of ESI, including how it will be produced and any problems retrieving it
- etc. (not complete list)

Question 3

Scheduling Order

Answer 3

• unless local rule or court order says otherwise, ct enters an order setting cit-offs for joinder, amendment, motions + completion of discovery, etc.
• roadmap for how litigation proceeds up to trial

Question 4

Pretrial Conferences

Answer 4

• ct can hold these to oversee the case

Question 5

Final Pretrial Conference

Answer 5

• determines the issues to be tried + evidence to be proffered at trial
• recorded in the pretrial conference order, which supersedes the pleadings
• roadmap of issues to be tried, evidence to be presented at trial, witnesses, etc.
  -> designed to ensure no surprises at trial

Question 6

Jury Trial

Answer 6

• if there’s a jury, the jury determines the facts + returns the verdict
• if no jury, the judge determines the facts

Question 7

Motion in Limine

Answer 7

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

Question 8

Right to Jury Trial in Fed Ct

Answer 8

• 7th Am preserves right to jury trial in “civil actions at law”, but not in suits at equity
• doesn’t apply in STATE court (only fed civil cases)

Question 9

Mixed Suits of Law and Equity

Answer 9

• happens when a case includes law and equity (ex: claim for both damages and injunction)
• facts underlying damages claim get tried to jury
• facts relating wholly to the equity claim would be tried before the judge
• generally, jury issues tried first

Question 10

Mixed Suits of Law and Equity - When Same Fact Underlies Both Law and Equity Claim

Answer 10

• jury decides that fact

Question 11

Jury Demand

Answer 11

• 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)
• if party fails to do so, waives right to jury

Question 12

Kinds of Challenges to Jurors During Voir Dire

Answer 12

Two kinds:
- for cause
- peremptory

Question 13

For Cause Challenges

Answer 13

• limited in number for reach party
• can challenge juror “for cause” (ex: b/c won’t be impartial)

Question 14

Peremptory Challenges

Answer 14

• challenges for which the party states no reason
• generally limited to 3 each
• can only use in a race-neutral and gender-neutral manner

Question 15

Number of Jurors in Federal Court

Answer 15

• minimum of 6 + max 12, unless parties agree otherwise
• generally, all jurors participate in the verdict unless a juror is excused for good cause
• verdict must be unanimous unless the parties agree otherwise

Question 16

Jury Instructions

Answer 16

• parties submit proposed jury instructions to judge
• do this at close of all ev (earlier if ct says so)

Question 17

Conferences Re Jury Instructions

Answer 17

• judge can hold “off the record” conference with the parties to discuss proposed jury instructions

Question 18

Process of Informing Parties of Jury Instructions

Answer 18

• before final arg + instructions, and on the record, court informs parties of:
  1) what instructions it will give AND
  2) what proposed jury instructions it rejected
• parties must be allowed to object on the record + out of the jury’s hearing (true even if the party objected during the “off the record” conference)
• of objection not made before jury is “charged”, it’s waived
• court can revisit that jury instruction only for clear error that affected a party’s rights

Question 19

Forms of Verdicts

Answer 19

• judge determines what verdict form jury will use

Kinds:
- general verdict
- special verdict
- general verdict with written questions

Question 20

General Verdict

Answer 20

• just says who wins and, if pl wins, what the relief is

Question 21

Special Verdict

Answer 21

• jury answers, in writing, specific written q’s about facts in dispute
• BUT doesn’t say who wins or loses

Question 22

General Verdict with Written Questions

Answer 22

• jury gives general verdict AND answers specific q’s submitted to it
  -> the q’s ensure that the jury focused on the important issues

Question 23

Entry of Judgment

Answer 23

• if jury returns general verdict, clerk of ct enters judgment
• if special verdict + answers consistent w/ each other + the verdict, judge approves the judgment + clerk enters it

Question 24

Inconsistency Between General Verdict and Written Questions

Answer 24

• if answers consistent w/ each other but inconsistent w/ verdict, court may enter appropriate judgment consistent w/ the answers
• if answers inconsistent w/ each other + one or more is inconsistent w/ general verdict, no judgment may be entered

Question 25

Juror Misconduct

Answer 25

• in general, verdict may be “impeached” based on external matters
• if jurors were bribed, or based the verdict on their investigation of matters outside of court instead of ev at trial, new trial can be ordered
• non-jurors may give first-hand ev of such things
• BUT verdict won’t be set aside if the misconduct was harmless (ex: if just chatted w/ a party for a moment about the weather)

Question 26

Bench Trial

Answer 26

• judge determines the facts
  -> must record her “findings of fact” orally on the record or in writing, along w/ conclusions of law (stated separately)
• judgment must also be entered

Question 27

Judgment - Contents

Answer 27

• entered in bench trial
• very short
• just tells who wins and, if pl wins, relief granted