judgments and post-judgment actions

Question 1

what are the peremptory grounds for a new trial

Answer 1

1. verdict clearly contrary to the law and evidence
2. discovery of new evidence which could not have been discovered with due diligence before or during trial
3. when a juror was bribed or compromised

Question 2

when must a devolutive appeal be filed

Answer 2

must be taken within 60 days of the time for filing a JNOV or for new trial has lapsed or the denial of a timely motion for a new trial or JNOV is mailed

no bond required

Question 3

when must a suspensive appeal be taken

Answer 3

within 30 days of when the time for filing a JNOV or for a new trial has lapsed or the denial of a timely motion for a new trial or JNOV is mailed

need bond for filing (filed at the same time as the appeal)

Question 4

how does one challenge the sufficiency of a bond

Answer 4

by ruling the other party into trial to show cause as to why the bond should not be decreed insufficient or invalid

Question 5

what happens if the bond is found to be insufficient

Answer 5

within 4 days of holding the bond insufficient or invalid, can furnish a new or supplemental bond with a new or additional surety, in which case the appeal will not be affected and cannot be set aside

Question 6

when might an appellee answer an appeal

Answer 6

when he desires that the judgment be modified, revised, or reversed in part, or unless he demands damages against the appellant

Question 7

if the appellee chooses to file an answer to appeal, how long does the appelle have to file this answer

Answer 7

15 days from the alter of the return day or the lodging of the record of appeal

Question 8

what does a trial court retain jurisdiction to for an appeal

Answer 8

1. correct any misstatement in the record
2. test the solvency of a surety on the appeal bond
3. give effect to its judgment (unless suspended)
4. impose penalties for failing to pay costs of preparation fo the record
5. tax costs and expert witness fees