Jury Trials and Post Trial Motions Flashcards
When does a party have a right to a jury trial?
Parties have the right to a jury trial in all civil actions under Rule 38 & 7th Amendment.
Right only exists for claims under law, not equity.
If both legal and equitable relief is sought, does the right to a jury exist?
Yes, the right to the jury exists but only for the non-equitable claims (claims for damages).
How can a party demand a jury trial?
File a written demand within 14 days after the last pleading; and properly serve to the other parties.
FRCP 38(b)
Does a party need to re-demand a jury trial if the case is removed to federal court?
No, as long as the jury trial was properly demanded initially.
Does failure to properly serve and file the demand for a jury trial constitute a waiver of the right?
Yes, a party waives a jury trial unless its demand is properly served and filed.
FRCP 38(d)
How many jurors are required to form a jury?
6-12 members. Each juror must participate in the verdict unless excused under Rule 47(c).
FRCP 48(a)
Do jury verdicts need to be unanimous?
Yes, must be unanimous and returned by a jury of at least 6 members, unless stipulated otherwise.
FRCP 48(b)
Define voir dire.
Process by which jurors are selected.
What are the two challenges a party can make during voir dire?
Challenges for cause, Peremptory challenges.
During voir dire, what are challenges for cause and how many does each side have?
Used to dismiss a potential juror due to bias; unlimited number per side.
What are peremptory challenges?
Allows a party to dismiss a juror for any reason, as long as the reason is race and gender neutral.
FRCP 47(b)
How many peremptory challenges does each party get?
28 USC § 1870
If a peremptory strike gives rise to an inference of racial or gender discrimination, what is the moving party required to do?
Provide a non-discriminatory explanation for the strike or withdraw the strike.
What is the deadline for a party to propose jury instructions?
Generally, before the close of all evidence presented to the jury. However, a party can file after close of evidence if either: Instructions are for issues not reasonably anticipated, or Court has given permission to untimely file (can propose for any issue).
FRCP 51
Can a party object to proposed jury instructions?
Yes, parties must be given a reasonable opportunity to object on the record outside jury’s presence before instructions are given. Party must timely state the matter objected to and the grounds for the objection.
FRCP 51(c)(1)
When is an objection to a jury instruction considered timely?
An objection is timely if: A party objects at the opportunity provided under Rule 51(b)(2); or A party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.
FRCP 51(c)(2)
Does a party’s failure to object to error in jury instructions waive arguments related to the error on appeal?
Yes.
What types of verdicts may a jury enter?
General verdict, Special verdict, and General verdict with specific interrogatories.
Define general verdict.
Allows the jury to decide in favor of P or D without listing specific factual findings.
FRCP 49
Define special verdict.
When the jury makes a specific finding on each issue of fact without necessarily stating which party should win.
FRCP 49
What is a general verdict with specific interrogatories and what is its purpose?
General verdict that includes specific findings of fact. Purpose is to ensure jury considered important factual issues of the case.
FRCP 49(b)
If the general verdict and answers to interrogatories are inconsistent, what actions can the judge take?
Order a new trial; Order the jury to redeliberate; or Order an appropriate judgment according to the answers, notwithstanding the general verdict.
FRCP 49(b)(3)
What does it mean to poll the jury?
Either via request or on its own, court can ‘poll’ the jury to see if there is lack of unanimity or assent amongst the jurors.
FRCP 48(c)
After polling the jury, what actions can the judge take if there is a lack of unanimity or assent?
Order a new trial or ask jurors to deliberate further.
FRCP 48(c)
What is the deadline for asking to poll the jury?
After a verdict is returned but before the jury is discharged.
FRCP 48(c)
What are examples of juror misconduct? What happens if misconduct is found?
Introducing or using evidence gained outside of trial, Improperly communicating with outside parties, Giving dishonest testimony during voir dire. If found, court may order a new trial.
