Conferences, Trial, Judgment, Post Trial Motions

Question 1

What is the R26f conference?

Answer 1

Parties are req’d to meet at least 21 days before court’s scheduling order - discuss production, claims, defenses, settlement . Must present a detailed discovery plan to court no later than 14 days after the conference.

Question 2

When does 7A jury trial right apply?

Answer 2

To actions at law, not equity. Only to federal civil cases, not states.

If case is re both law & equity?

• if you can separate law & equity claims, then jury hears law, judge hears equity
• if you cannot separate, then jury hears all

Question 3

When must party demand jury right?

Answer 3

Must demand in writing no later than 14 days after service of last pleading addressing jury triable issue (usually the answer). if they do not do this, they waive the right

Question 4

What are rules wrt jury numbers, votes?

Answer 4

6-12 jurors unless parties agree otherwise
(but 6 is mandatory min i think )

must be unanimous unless parties agree otherwise

Question 5

What are the 2 types of strikes to jurors?

Answer 5

Peremptory - party states no reason, limited to 3 generally

For cause - will be impartial, parties get unlimited of these

Question 6

How does judgment entry work wrt special vs general verdicts?

Answer 6

General verdict - clerk just enters judgment

Special verdict/general w/ questions:

• if the answers are consistent with each other and verdict then judge approves and clerk enters
• if answers are consistent w/ each other but NOT with verdict: court may enter judgment consistent with answers OR tell jury to reconsider OR order new trial
• if answers are inconsistent with each other AND with verdict: court may NOT enter judgment - has to order jury to reconsider or order new trial

Question 7

What is a JMOL? what is the standard for granting?

Answer 7

JMOL = judgment as matter of law, or directed verdict - when judge decides case that was supposed to be before a jury without the jury. Party requesting must show that reasonable people could not disagree on the result (similar to SJ but this is during trial NOT before)

views evidence in light most favorable to non moving party

Question 8

When may party move for JMOL?

Answer 8

At trial, once opposing party has made case re that issue

Question 9

What is a renewed motion for JMOL? When/how is it made?

Answer 9

Same as JMOL but comes after trial and party MUST have motion for JMOL during trial to renew. Also, must be based on SAME grounds as original.

here, court enters judgment for party that lost jury verdict. views evidence in light most favorable to nonmoving party.

must be made within 28 days after judgment entry

Question 10

When must party move for new trial? When can court grant?

Answer 10

Within 28 days of judgment

Up to court discretion (e.g., erroenous jury instruction, new evidence, misconduct by juror, serious judgment error, damages rly off)

Question 11

What 2 routes may court suggest instead of ordering new trial?

Answer 11

(1) remittitur - give P choice of remiting some of damages or going thru new trial
(2) additur - give D choice of adding to $ or taking new trial

NOTEL additur ONLY allowed in state court - violates 7A

Question 12

Up until what point can D offer to settle?

Answer 12

14 days before trial

Question 13

What are the 5 reasons party can be granted motion for relief from order judgment? What is timing necessary re filing those?

Answer 13

1. clerical error - any time
2. mistake, excusable neglect - reasonable time (not more than 1 yr)
3. fraud, misrepresentation, or misconduct by opposing party - reasonable time
4. newly discovered evidence that would not have been discovered with due diligence for a new trial motion (facts must have existed at trial) - reasonable time 5. judgment is void (e.g. no SM) - reasonable time