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
