Conferences, Trial, Judgment, Post-Trial Motions

Question 1

Rule 26(f) Conference

Answer 1

Unless a court order states otherwise, at least 21 days before the court’s scheduling order, the parties must meet and confer to discuss
1) production of initial disclosures
2) claims and defenses
3) settlement
4) preservation of discoverable material

Question 2

Discovery Plan (Rule 12(f))

Answer 2

The parties must present to the court a detailed discovery plant no later than 14 days after the Rule 26(f) conference

The plan must include views and proposals on timing, issues about ESI (including how it will be produced and any problems retrieving it)

Question 3

Scheduling Order

Answer 3

Unless local rules or court order states otherwise, the court enters a scheduling order that sets cut-offs for joinder, amendment, motions, and completion of discovery

Question 4

Pretrial Conferences

Answer 4

The court may hold multiple pretrial conferences to oversee the case

FINAL PRETRIAL CONFERENCE
A final pretrial conference is held as close to trial as reasonable
- this results in a final pretrial conference order which supersedes the pleadings (roadmap of issues, evidence, and witnesses to be presented at trial)

Question 5

Right to a Jury Trial

Answer 5

The 7th amendment preserves the right to a jury in civil actions at law - but not in suits at equity (only applies in federal court)

Question 6

Mixed Suits of Law and Equity (jury trial)

Answer 6

If a case includes both law and equity, facts underlying the law will be tried by a jury, while facts wholly related to an equity claim are tried by the judge (jury is usually tried first)

If a fact underlies bother law and equity claims, the jury decides the fact

Question 7

Jury Demand

Answer 7

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

If parties fail to do so, the right to a jury is waived

Question 8

Jury Selection

Answer 8

In the selection process (voir dire), each side may ask the court to seek potential jurors

For Cause Challenges:
- ask the court to strike a juror for bias or impartiality
- parties have unlimited for cause challenges

Preemptory Challenges:
- challenges that state no reason for the dismissal
- each side is limited to three preemptory challenges
- may only be used in a race and gender neutral manner (selection constitutes state action)

Question 9

Jury Composition

Answer 9

Federal court requires a minimum number of six and a maximum number of twelve jurors, unless the parties agree otherwise

Jurors may be dismissed for good cause, so long as at least six jurors participate in reaching the verdict

the verdict must be unanimous unless the parties agree otherwise

Question 10

Jury Instruction Proposal

Answer 10

At the close of evidence, parties submit proposed jury instruction to the judge (earlier if the court states so)

Question 11

Conference Regarding Jury Instructions

Answer 11

The judge may hold a conference “off the record” with the parties to discuss instructions

ON THE RECORD:
- before final arguments and instructions, and on the record, the court must inform the parties of: (1) what instructions it will give, and (2) what proposed jury instructions it rejected

• the parties must be allowed to object on the record and out of the jury’s hearing (if not made the objections are waived)

CLEAR ERROR
- if there was no objection, a court can only revisit jury instructions for clear error that a party’s rights were affected

Question 12

Jury Verdicts Generally

Answer 12

The jury verdict must be unanimous unless the parties agree otherwise

The judge has discretion to decide what type of verdict is to be used

Question 13

Types of Verdicts

Answer 13

General Verdict - The jury finds for the plaintiff or defendant, and, if for the plaintiff, what relief is

Special Verdict - the jury answers, in writing, specific written questions about the facts in dispute, but does not say who wins or loses

General Verdict With Written Questions - the jury gives a general verdict and answers specific questions submitted to it

Question 14

Entry of Judgment (Jury Verdict)

Answer 14

If the jury returns a general verdict, the clerk of court will enter judgment

If a special or general with written questions is submitted, and the answers are consistent with each other than the verdict, the judge approves the judgment and the clerk enters it

Question 15

Inconsistency between General verdict and written questions

Answer 15

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

If the answers are inconsistent with each other and one or more is inconsistent with the verdict, no judgment may be entered (must reconsider or new trial)

Question 16

Juror Misconduct

Answer 16

A verdict may be impeached based upon external factors. However, a verdict will not be set aside if the misconduct was harmless.

Question 17

Bench Trial

Answer 17

In a bench trial, the judge determines the facts at trial

The judge must record his findings of fact on the record (orally or written) along with his conclusions of law (stated separately from the findings of fact)

Question 18

Motion for Judgment as a Matter of Law (JMOL) (Directed Verdict)

Answer 18

A Party can move for JMOL at any time before the case is submitted to the jury, but the court may not grant the motion until after the nonmoving party has been fully heard at trial on the issue.

To grant the motion, the court must find that a reasonable jury would not have a legally sufficient basis to find for the nonmoving party. The court views the evidence in light most favorable to the nonmoving party.

NOTE: similar to summary judgment, but filed at trial

Question 19

Renewed Motion for Judgment as a Matter of Law (RJMOL)

Answer 19

A RJMOL is the same as a JMOL, but is raised after the trial. If granted, the court enters judgment for the party that lost the jury verdict (reverses the verdict)

The RJMOL must be made within 28 days after entry of judgment. The party must have also moved for a JMOL at the proper time in trail (failure to do so waives RJMOL). Additionally, the RJMOL must be based on the same grounds as the JMOL.

Question 20

Motion for New Trial

Answer 20

A new trial may be granted on the basis of any non-harmless error that the judge believes calls for a new trial.

A party must move for a new trial within 28 days of entry of judgment

Question 21

Reasons for granting a new trial

Answer 21

1- judge gave an erroneous jury instruction
2- new evidence was discovered that could have have been discovered before with due diligence
3- misconduct was committed by a juror, party, or lawyer
4- the judgment is against the weight of the evidence
5- damages are inadequate or excessive

Question 22

Waiver of RJMOL but New Trial

Answer 22

If a party waived RJMOL by not raising a JMOL, it is possible to move for a new trial on the grounds that the verdict is against the weight of the evidence

Question 23

Remittitur and Additur

Answer 23

the grounds for remittitur and additur are that the jury’s damages figure is excessive or inadequate

Question 24

Remittitur

Answer 24

If the judge believes the jury’s damages is so excessive as to shock the conscious, the judge may offer the plaintiff a choice:
1) remit part of the damages; or
2) order a new trial

The court may not decide to lower the figure on its own because this would violate the 7th amendment

Question 25

Additur

Answer 25

If the judge believes they jury’s damages are inadequate, she may NOT offer the defendant a choice of adding more to the award or going through a new trial

Additur is not allowed in federal court because it violates the 7th amendment

Question 26

Offer of Judgment

Answer 26

A party defending a claim or counterclaim may submit formal offers to settle the case up to 14 days before trial

If a claiming party rejects the offer, and the ultimate judgment is less favorable to him, he must pay the costs incurred after the offer was made

Question 27

Motion for Relief from Order or Judgment

Answer 27

After a judgment is entered, it is possible to obtain relief from it under certain circumstances as follow:

Clerical Error - the motion may be made at any time

Mistake/Excusable Neglect (including viable defense) - the motion must be made within a reasonable time not to exceed one year

Fraud, Misrepresentation, Misconduct - the motion must be made within a reasonable time not to exceed one year

Newly discovered evidence that could not have been discovered with due diligence for a new trial motion - the motion must be made within a reasonable time not to exceed one year (NOTE - evidence must have existed at the time of trial)

Judgment is Void (lack of SMJ) - the motion must be made within a reasonable time, but there is not maximum time limit