CvlPE Review: TRIALS AND JURIES Flashcards
TRIALS AND JURIES
When is the deadline for requesting a jury trial?
A party must file a written demand with the clerk for a jury trial no less than 30 days before trial and pay the appropriate jury fees.
TRIALS AND JURIES
How can a juror be challenged?
Challenges to jurors may be for cause (bias, prejudice) or peremptory.
TRIALS AND JURIES
civil action in district court requires how many jurors to render a verdict?
In a civil action in district court, a verdict must be rendered by at least 10 out of 12 jurors.
TRIALS AND JURIES
When can you conduct a Batson challenge, and what is it required to show?
If a party challenges the constitutionality of another party’s use of its peremptory challenges, the party must move for a Batson challenge before the jury is empaneled. The motion must establish a prima facie case that the party used its peremptory challenges to exclude jurors based on race or gender.
TRIALS AND JURIES
Are witnesses allowed to be in the courtroom, and if so, which ones?
The “Rule” requires witnesses on both sides to be sworn in and then removed from the courtroom for any testimony other than their own. This does not apply to parties, spouses, or experts. (SPE)
TRIALS AND JURIES
treatment of payment of medical bills
Evidence that a party paid medical bills is not admissible to prove liability for injuries. D’s attorney should object that the evidence is privileged and irrelevant. The court should sustain the objection, but may still admit any conduct or statements that accompanied the payment.
TRIALS AND JURIES
Are conduct or statements made in the course of compromise negotiations admissible for liability, invalidity, or dispute of claim amount?
No. Any conduct or statements made in the course of compromise negotiations are not admissible to prove liability for, invalidity of, or the amount of a disputed claim.
TRIALS AND JURIES
when can a motion for directed verdict be made and granted?
In a jury trial, a motion for directed verdict may be made by D at the close of P’s case-in-chief, and by either party at close of D’s case-in-chief, or after presentation of all evidence. A directed verdict can be granted only if there is no probative evidence to raise material questions of fact.
TRIALS AND JURIES
When must you object to jury charge?
If a party objects to something that is improperly included in the jury charge, they must make an objection at that time.
TRIALS AND JURIES
When are subsequent remedial measures relevant?
Subsequent remedial measures are not relevant to prove negligence, culpable conduct, defective product or design, or the need for a warning. May be used to prove control or feasibility.
TRIALS AND JURIES
jury submissions
If the party believes a proposed jury charge omits an instruction that should be included, the party should make a request for submission and present the court with a substantially correct instruction in writing, and obtain a ruling before the charge is read to the jury.
TRIALS AND JURIES
When can you move for a JNOV, and what is required for it to be granted?
If a party wants the court to overturn a jury’s verdict, the losing party may move for a judgment notwithstanding verdict, and the court may grant the motion only if the evidence is legally insufficient to support the verdict.
TRIALS AND JURIES
how to avoid a new trial if party awarded excessive damages
To avoid a new trial when a party has been awarded excessive damages, the party may permit any party of their awarded judgment.
TRIALS AND JURIES
When must a motion for a new trial be filed?
A motion for a new trial must be filed within 30 days after judgment.
TRIALS AND JURIES
How to raise issue of testifying expert qualifications
(O-VD)
Steps to raise the issue of testifying expert’s qualifications:
- Object to expert’s testimony before he testifies.
- Attorney can voir dire the expert outside of jury’s presence if objection is overruled.
