JMOL + Rando Motions

Question 1

JMOL Rule

Answer 1

50

Question 2

Timing Dif

Answer 2

JMOL differs from SJ in that it occurs at the trial stage rather than at the close of discovery

Question 3

JMOL standards

Answer 3

• evidence at trial shows no dispute on material issue of fact such that a reasonable conclusion can be reached
• bc of this, no need to send to jury or if it has been heard by jury and they didn’t reach a reasonable result

Question 4

When JMOL motion can be made

Answer 4

• after 1 party has been fully heard on an issue during jury trial
• after all parties have closed their case but b4 submission to jury
• within 28 days after entry of judgement

Question 5

Motion for judgement on partial findings

Answer 5

Rule 52c

• during bench trial this gives opportunity for party to move after other party presented case in full
• court can also do this on its own initiative

Question 6

Motion for New trial

Answer 6

Rule 59

Question 7

Dif between JMOL and grant of motion for new trial

Answer 7

• MNT starts proceedings over again, JMOL results in immediate entry of judgement
• JMOL is a final judgement

Question 8

Commonlaw reasons judge can grant new trial?

Answer 8

• when the verdict was against the great weight of the evidence
• the procedural purpose - size of the award shocks the conscience, -as a result of some judicial mistake the jury had too much too little or the wrong evidence

Question 9

Who can move for new trial?

Answer 9

Either party within 28 days after entry of judgement (including those who filed motion for JMOL) and if verdict returned in that party’s favor
AND sua sponte by judge

Question 10

Motion for Relief from judgement

Answer 10

rule 60