Judgments & Post-Judgment Actions

Question 1

Final Judgment

Answer 1

A final judgment may be amended by the trial at any time, but only to correct errors of calculation or to alter the phraseology.

Question 2

Partial Final Judgment

Answer 2

Final judgments may be rendered by the court even though the successful party is not granted all the relief prayed for all the issues have not been adjudicated when the court:

1. Dismisses the suit as to less than all the parties,
2. Grants a motion for judgment on the pleadings,
3. Grants a motion for summary judgment
4. Signs a judgment on either the principal or incidental demand,
5. Signs a judgment on the issue of liability, when that issue has been tried separately by the court

Question 3

Compromise Agreements

Answer 3

When the parties reach a compromise agreement which is recited into the record, the court may order counsel to prepare & submit a judgment for signature within 20 days of the recital

Question 4

Declaratory Judgments

Answer 4

A final type of judgment - used for purposes of determining rights before a contract has actually been breached

May not prejudice persons not made parties to the proceeding

Question 5

Motion for a New Trial

Answer 5

The peremptory grounds for granting a motion for a new trial are:

1. A verdict clearly contrary to the law and evidence,
2. The discovery of new evidence which could not have been discovered with due diligence before or during trial, – VERIFIED AFF NEEDor
3. When a juror was bribed or compromised. – VERIFIED AFF NEED

Timing: Must file 7 days, exclusive of holidays, after the clerk has mailed notice of the judgment or the sheriff has served the notice of judgment.

Standard for Granting: The trial judge is free to evaluate the evidence without favoring either party; he may draw his own inferences and conclusions and may evaluate the credibility of the witnesses.