motions and trial by jury Flashcards
What are the 4 motions need to know
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
Motion for summary judgment
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
motion for judgment as matter of law
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
Renewed motion for judgment as matter of law
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.
how soon must a motion for new trial be asked
motion must be filed w/i 28 days of judgment
when will motion for new trial be granted (2 ways)
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
When must party make request for right of jury trial
must be written demand w/i 14 days of service of complaint or answer
when is a right of jury trial allowed
legal claims, claims for monetary value
how many members are usually on jury for civil
between 6-12
what does the verdict need to be for jury trial to win
must be unanimous
for cause to excuse jury
1) lie during voir dire OR
2) have financial or familiar interests in 1 of parties
how many premptory challaneges does each party have?
3
what must happen when a party has made a demand of jury trial and wants to take it away
ALL PARTIES MUST CONSENT to take away demand for jury trial
do all parties need to consent for removal of demand of jury trial
yes
what must a party do to survive a motion of summary judgment
must RESPOND TO MOTION on SJ on ISSUE OF MATERIAL FACT. must attack the motion
when is the only time the clerk of the court can issue a default judgment
where the damages are certain.
when is notice needed for defaulting party
WHEN THEY MADE ANY APPEARANCE or motion. Must be given 7 day notice
when must Judge be the one ordering a default judgment
where the damages amount is uncertain
what are the 3 motions where appeals can be made right away and w/o a final judgment
1) TRO
2) Injunction
3) Class action certifications
is there a requirement that JMOL must be made at the close of ALL evidence
no has been eliminated. Can be made at some point during the trial
is a party limited to the grounds raised in the initial JMOL if they make a renewed JMOL
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.
What happens if there is a claim both involving equity and law? Which is heard first?
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
Do jury’s finding on facts of cases involving equity and law bind the judges decision on equity claim
YES
when can a motion for SJ be made
ANYTIME up to 30 days after the pleadings.
- Can be first response.
