Jury Trials & Post-Trial Motions

Question 1

When does a party have a right to a jury trial?

Answer 1

Parties have the right to a jury trial in all civil actions under Rule 38 & 7^th Amendment.

⚠️ Note: Right only exists for claims under law, not equity.

Question 2

If both legal and equitable relief is sought, does the right to a jury exist?

Answer 2

Yes, the right to the jury exists but only for the non-equitable claims (claims for damages).

Question 3

How can a party demand a jury trial?

Answer 3

1. File a written demand within 14 days after the last pleading; and
2. Properly serve to the other parties

FRCP 38(b)

Question 4

Does a party need to re-demand a jury trial if the case is removed to federal court?

Answer 4

No, as long as the jury trial was properly demanded initially.

FRCP 81(c)(3).

Question 5

Does failure to properly serve and file the demand for a jury trial constitute a waiver of the right?

Answer 5

Yes, a party waives a jury trial unless its demand is properly served and filed.

FRCP 38(d)

Question 6

How many jurors are required to form a jury?

Answer 6

6-12 members. Each juror must participate in the verdict unless excused under Rule 47(c).

FRCP 48(a)

Question 7

Do jury verdicts need to be unanimous?

Answer 7

Yes, must be unanimous and returned by a jury of at least 6 members, unless stipulated otherwise.

FRCP 48(b)

Question 8

Define

voir dire

Answer 8

Process by which jurors are selected.

Question 9

What are the two challenges a party can make during voir dire?

Answer 9

1. Challenges for cause
2. Peremptory challenges

Question 10

During voir dire, what are challenges for cause and how many does each side have?

Answer 10

Used to dismiss a potential juror due to bias; unlimited number per side.

Question 11

What are peremptory challenges?

Answer 11

Allows a party to dismiss a juror for any reason, as long as the reason is race and gender neutral.

FRCP 47(b)

Question 12

How many peremptory challenges does each party get?

Answer 12

3.

28 USC § 1870

Question 13

If a peremptory strike gives rise to an inference of racial or gender discrimination, what is the moving party required to do?

Answer 13

Provide a non-discriminatory explanation for the strike or withdraw the strike

Question 14

What is the deadline for a party to propose jury instructions?

Answer 14

Generally, before the close of all evidence presented to the jury.

However, a party can file after close of evidence if either:

1. Instructions are for issues not reasonably anticipated, or
2. Court has given permission to untimely file (can propose for any issue)

FRCP 51

Question 15

Can a party object to proposed jury instructions?

Answer 15

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)

Question 16

When is an objection to a jury instruction considered timely?

Answer 16

An objection is timely if:

1. A party objects at the opportunity provided under Rule 51(b)(2); or
2. 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)

Question 17

Does a party’s failure to object to error in jury instructions waive arguments related to the error on appeal?

Answer 17

Yes.

Question 18

What types of verdicts may a jury enter?

Answer 18

• General verdict,
• Special verdict, and
• General verdict with specific interrogatories

Question 19

Define

general verdict

Answer 19

Allows the jury to decides in favor of P or D without listing specific factual findings.

FRCP 49

Question 20

Define

special verdict

Answer 20

When the jury makes a specific finding on each issue of fact without necessarily stating which party should win.

See more: Special Verdict

FRCP 49

Question 21

What is a general verdict with specific interrogatories and what is its purpose?

Answer 21

General verdict that includes specific findings of fact. Purpose is to ensure jury considered important factual issues of the case.

FRCP 49(b)

Question 22

If the general verdict and answers to interrogatories are inconsistent, what actions can the judge take?

Answer 22

1. Order a new trial;
2. Order the jury to redeliberate; or
3. Order an appropriate judgment according to the answers, notwithstanding the general verdict

FRCP 49(b)(3)

Question 23

What does it mean to poll the jury?

Answer 23

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)

Question 24

After polling the jury, what actions can the judge take if there is a lack of unanimity or assent?

Answer 24

Order a new trial or ask jurors to deliberate further.

FRCP 48(c)

Question 25

What is the deadline for asking to poll the jury?

Answer 25

After a verdict is returned but before the jury is discharged.

FRCP 48(c).

Question 26

What are examples of juror misconduct? What happens if misconduct is found?

Answer 26

• 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.

Question 27

Define

judgment as a matter of law

(also called a “directed verdict” or JMOL)

Answer 27

Ruling entered by judge against a party if a party lacks sufficient evidence to prevail on an issue necessary to a particular claim or defense

FRCP 50(a)

Question 28

What is the evidentiary standard for granting a JMOL?

Answer 28

Court must view evidence in the light most favorable to the opposing party and only grant JMOL if no reasonable person could find for the party.

FRCP 50(a)(1)

Question 29

When can a party file for a judgment as a matter of law?

Answer 29

Both parties: before case is submitted to jury

D: Either after close of P’s evidence or after close of all evidence

P: After close of all evidence

Question 30

Define

renewed motion for judgment as a matter of law (RJMOL)

(also called “judgment notwithstanding the verdict” or JNOV)

Answer 30

If a party loses on a JMOL, they can make a renewed motion for JMOL (“RJMOL”) within 28 days after entry of judgment.

⚠️ Note: Party must have properly & timely filed a JMOL to seek an RJMOL.

FRCP 50(b)

Question 31

In ruling on a RJMOL, the court may:

Answer 31

1. Allow the verdict to stand;
2. Order a new trial; or
3. Direct entry of judgment as a matter of law (if reasonable people could not agree that the verdict was correct)

FRCP 50(b)

Question 32

What is the deadline for all post-trial motions? (generally)

Answer 32

28 days.

Question 33

What are examples of grounds for a new trial?

Answer 33

Grounds include:

• Newly discovered evidence
• Verdict was against weight of the evidence
• Serious, prejudicial error
• Serious, prejudicial misconduct
• Excessive or inadequate verdict

FRCP 60(b)

Question 34

What is the deadline for filing a motion for a new trial?

Answer 34

No later than 28 days after entry of the judgment (same as the general deadline for post-trial motions).

FRCP 59(b)

Question 35

What are the requirements to move for new trial based on newly discovered evidence?

Answer 35

1. Evidence could not be found before the verdict;
2. Evidence is not solely for impeachment; and
3. Evidence will likely change outcome of case

Question 36

When is a verdict against the great weight of the evidence?

Answer 36

Even after giving every deference to the prevailing party, the jury made the verdict in error in light of the evidence presented.

Question 37

If the jury awarded inadequate damages, can the court increase the amount?

Answer 37

No, “enhancing” the verdict is called additur and is prohibited by the 7th Amendment.

Question 38

What can the court do if the jury awards damages that are excessive?

Answer 38

If the damages are so high as to “shock the conscience,” the judge can either:

1. Order a new trial; or
2. Order a decrease in the award (“remittitur”)

⚠️ Note: Judges are never required to give option of remittitur.

Question 39

When is a new trial for procedural error or misconduct proper?

Answer 39

The error or misconduct likely changed the outcome of the case & substantially prejudiced the losing party.

Question 40

What is the harmless error rule?

Answer 40

Court can dismiss errors that did not affect a party’s rights (i.e. the same result would have occured even if this error didn’t happen).

FRCP 61

Question 41

When is a motion for relief from judgment under Rule 60(b) proper?

Answer 41

• There is mistake, inadvertence, surprise, excusable neglect;
• Newly discovered evidence;
• Misrepresentation, misconduct, or fraud
• Judgment has been satisfied, released, or discharged;
• Judgment is void; or
• Any other reason that justifies relief

FRCP 60(b)

Question 42

What is the deadline for filing a motion for relief from judgment?

Answer 42

Within one year of final judgment if for:

• Mistake, inadvertence, surprise, excusable neglect
• Newly discovered evidence
• Misrepresentation, misconduct, or fraud

Within a reasonable period of time if:

• Judgment is satisfied, released, or discharged
• Judgment is void
• Any other reason that justifies relief

FRCP 60(c)

Question 43

When is relief from judgment for fraud, misrepresentation, or misconduct proper?

Answer 43

If a party:

• Withholds key evidence during discovery;
• Bribes a witness; or
• Makes false statements to the court or other parties

Question 44

Can the court, on its own initiative, order a new trial?

Answer 44

Yes, for any reason that would justify granting a new trial if a party brought the motion.

⚠️ Note: Court must specify the reasons why in its order.

Question 45

Does the court always have the discretion to grant a new trial?

Answer 45

Yes, always has discretion to avoid miscarriage of justice.