Conferences, Trial, Judgment & Post-Trial Motions Flashcards
What’s a Rule 26(f) conference?
Required meeting between parties to meet and confer to discuss:
-required initial disclosures
-claims
-defenses
-settlements
-preservation of discoverable info
When must 26(f) conference occur (if not otherwise stipulated by court order)?
at least 21 days before court’s scheduling order
When must parties give court detailed discovery plan?
no later than 14 days after 26(f) conference
What’s a pre-trial conference?
meetings court may hold to oversee case
Are pretrial conferences required with court?
Must be a final pretrial conference BUT court may have other such conferences as needed
What is the final pretrial conference?
Determines:
-issues to be tried AND
-evidence to be proffered
supersedes pleadings
How does the right to a jury trial play out in federal court?
right preserved in “civil actions at law” but not suits in equity
Who, b/w judge and jury, tried a case with mix of law (damages) and equity (e.g., injunction)
Damage facts: jury
equity claim facts: judge
If fact underlies both, jury will decide the fact
When must a party submit a jury demand?
Must submit in writing no later than 14 days after service of last pleasing addressing a jury triable issue (usually answer)
if no demand, right waived
What 2 methods may be used to strike potential jurors during voir dire?
1) for cause
-where juror may be partial
-unlimited
2) peremptory challenges
-no reason given
-usually 3 allowed
-must be race/gender-neutral
How many jurors required for civil case in federal court?
min of 6, max of 12 UNLESS parties agree otherwise
Must jury verdict be unanimous?
Yes, unless otherwise agreed to by parties
Who determines jury instructions?
Parties submit proposed instructions at close of all evidence, but judge decides
What’s a jury instruction conference?
Off the record meeting court may have before trial where court informs parties of:
1) instructions it will give AND
2) what proposed instructions were rejected
Can parties object to jury instructions?
Yes, on record away from jury; if objection not before jury given instructions, deemed waived
What’s required for a jury instruction to be reviewable?
clear error that affected a party’s rights
What types of verdict may jury use?
1) general verdict
2) special verdict
3) general verdict w/ written Q
What’s a general verdict?
says who wins AND, if P wins, what relief is
What’s a special verdict?
jury answers in writing specific written questions about facts in dispute BUT does not determine who wins
What’s a general verdict with written questions?
jury gives GV AND answers specific questions submitted to it
Who enters a verdict?
GV: clerk
GVWQ/SV: judge approves first
What happens if answers consistent with each other but not verdict? What if inconsistent with each other and the verdict?
If wholly consistent, judge can enter judgment consistent with answers; If not wholly consistent, no judgment may be entered
When may party move for JMOL?
any time before case submitted to jury BUT can’t grant until opposing party has been hard on issue
What’s the standard for granting a JMOL?
reasonable people could not disagree on the result (like SJ)
What’s the effect of juror misconduct?
Can be set aside UNLESS misconduct was harmless
What must judge do at nonjury (bench) trial?
-determine facts
-record fact findings…
orally on record OR in writing
-give conclusions of law
-enter judgment
What’s a motion for judgment as a matter of law (JMOL)?
effectively a directed verdict (so judge decides w/o jury)
What’s a renewed JMOL (RJMOL)?
JMOL after trial
How should facts be construed by court in JMOL or RJMOL?
in light most favorable to non-moving party
When may an RJMOL be submitted?
Must be made within 28 of judgment’s entry
Prerequisites for RJMOL?
must have moved for JMOL at proper time at trial AND be based upon same grounds
What’s a motion for a new trial?
motion for new trial due to some non-harmless error at trial
When must motion for new trial be submitted?
within 28 days of judgment’s entry (same timing as RJMOL)
Any prerequisite for motion for new trial (like RJMOL)?
No
What is remittur/additur?
options where jury damages excessive or inadequate AND figure shocks the conscience
What is remittur?
Court gives P choice:
-remit part of damages award OR
-new trial
court CAN’T simply change damages due to 7A
Where is remittur recognized?
state and federal court
What is additur?
Court gives D choice:
-add to damage award OR
-new trial
Where is additur recognized?
state ONLY (7A viol.)
What is an offer of judgment?
D can submit formal offers to settle up to 14 days before trial
What’s a motion for relief from order or judgment?
opportunity to obtain relief from judgment after being entered in certain circumstances
For motion for relief from order/judgment, when must clerical error be brought?
any time
For motion for relief from order/judgment, when must mistake/excusable neglect be brought?
reasonable time (but never more than 1 year)
For motion for relief from order/judgment, when must fraud/misrep/misconduct by opposing party be brought?
reasonable time (but never more than 1 year)
For motion for relief from order/judgment, when must newly discovered evidence (MUST exist at time of trial) be brought?
reasonable time (but never more than 1 year)
For motion for relief from order/judgment, when must void judgment be brought?
reasonable time (no max)
