motions and trial by jury

Question 1

What are the 4 motions need to know

Answer 1

1) motion for summary judgment
2) motion for Judgment as a matter of law
3) renewed motion for judgment as matter of law
4) motion for new trial

Question 2

Motion for summary judgment

Answer 2

up to 30 days after close of discovery, this motion may be filed and granted if non-moving party fails to demonstrate a genuine issue of material fact for trial

Question 3

motion for judgment as matter of law

Answer 3

after advisory has been heard on issue or rests its case, this motion for JML can be filed if

1) there is legally insufficient evidentriary bases from which
2) any reasonable jury could find for non-moving party

Question 4

Renewed motion for judgment as matter of law

Answer 4

if party had made 1st JML BEFORE jury deliberates, that party may renew motion w/i 28 days of judgment and be granted as same standard.

Question 5

how soon must a motion for new trial be asked

Answer 5

motion must be filed w/i 28 days of judgment

Question 6

when will motion for new trial be granted (2 ways)

Answer 6

will be granted by courts discretion for either

1) errors at trial affecting parties substantial trial rights
2) verdict was nearly against WEIGHT OF MANIFEST OF EVIDENCE

Question 7

When must party make request for right of jury trial

Answer 7

must be written demand w/i 14 days of service of complaint or answer

Question 8

when is a right of jury trial allowed

Answer 8

legal claims, claims for monetary value

Question 9

how many members are usually on jury for civil

Answer 9

between 6-12

Question 10

what does the verdict need to be for jury trial to win

Answer 10

must be unanimous

Question 11

for cause to excuse jury

Answer 11

1) lie during voir dire OR

2) have financial or familiar interests in 1 of parties

Question 12

how many premptory challaneges does each party have?

Answer 12

3

Question 13

what must happen when a party has made a demand of jury trial and wants to take it away

Answer 13

ALL PARTIES MUST CONSENT to take away demand for jury trial

Question 14

do all parties need to consent for removal of demand of jury trial

Answer 14

yes

Question 15

what must a party do to survive a motion of summary judgment

Answer 15

must RESPOND TO MOTION on SJ on ISSUE OF MATERIAL FACT. must attack the motion

Question 16

when is the only time the clerk of the court can issue a default judgment

Answer 16

where the damages are certain.

Question 17

when is notice needed for defaulting party

Answer 17

WHEN THEY MADE ANY APPEARANCE or motion. Must be given 7 day notice

Question 18

when must Judge be the one ordering a default judgment

Answer 18

where the damages amount is uncertain

Question 19

what are the 3 motions where appeals can be made right away and w/o a final judgment

Answer 19

1) TRO
2) Injunction
3) Class action certifications

Question 20

is there a requirement that JMOL must be made at the close of ALL evidence

Answer 20

no has been eliminated. Can be made at some point during the trial

Question 21

is a party limited to the grounds raised in the initial JMOL if they make a renewed JMOL

Answer 21

YES. A party is unable to “renew” an objection that was not raised in the initial motion, so there would be no objection to renew.

Question 22

What happens if there is a claim both involving equity and law? Which is heard first?

Answer 22

If legal and equitable claims are joined in one action involving common fact issues, the LEGAL claim is tried first before the JURY, and then the equitable claim is tried to the court.
- The jury’s finding on the fact issues will bind the court in the equitable claim

Question 23

Do jury’s finding on facts of cases involving equity and law bind the judges decision on equity claim

Answer 23

YES

Question 24

when can a motion for SJ be made

Answer 24

ANYTIME up to 30 days after the pleadings.

- Can be first response.