Motions At and After Trial

Question 1

Motion for Judgment as a Matter of Law - Basic Concept

Answer 1

• aka directed verdict
• applies in jury trials
• case WON’T go to jury if this motion is granted -> judge grants the motion based on ev presented at trial + enters judgment

Question 2

Standard for JMOL

Answer 2

• reasonable people could not disagree on the result
• similar to summary judgment (where there’s no dispute of material fact) EXCEPT comes up at trial instead of before
• ct views ev in light most favorable to the nonmoving party

Question 3

Timing of JMOL

Answer 3

• party can move for this any time before case submitted to the jury
• BUT judge may not grant the motion until the party opposing the motion has been heard at trial on the issue

Question 4

Renewed Motion for Judgment as a Matter of Law - Basic Concept

Answer 4

• same as JMOL, but comes up after trial
• court enters judgment for the party that lost the jury verdict
  -> views the ev in the light most favorable to non-moving party

Question 5

RJMOL - Timing

Answer 5

• must be made within 28 days after entry of judgment

Question 6

RJMOL - Prerequisite

Answer 6

• MUST have moved for JMOL at the proper time at trial
  -> failure to do so WAIVES RJMOL
• RJMOL motion must be based on the same grounds as the JMOL motion

Question 7

Motion for New Trial

Answer 7

• new trial can be granted on any (non-harmless) error that makes the judge think there should be a do-over
• must move w/in 28 days of the judgment

Question 8

Potential Reasons for Granting Motion for New Trial

Answer 8

• judge gave erroneous jury instruction
• new ev discovered that couldn’t have been discovered before w/ due diligence
• misconduct committed by juror, party or lawyer
• judgment is against the weight of the ev (serious error of judgment) AND
• damages are inadequate or excessive

Question 9

RJMOL vs. Motion for New Trial

Answer 9

• party might’ve met standard for RJMOL but waived by failing to do JMOL -> can move for new trial on grounds that the verdict is against the weight of the evidence
• note that new trial is also less drastic (party could still win at new trial, vs. RJMOL deprives them off that opportunity entirely)

Question 10

Remittitur + Additur - Core Standard

Answer 10

• whether the damages figure “shocks the conscience”

Question 11

Remittitur

Answer 11

• court offers pl choice: remit part of damages award or go through new trial
• BUT court can’t just lower jury damages figure (would violate 7th Am) -> needs to give pl choice between going to new trial or accepting lower damages

Question 12

Additur

Answer 12

• court offers def choice: ADD to damages or go to new trial
• may be allowed in state ct but NOT fed ct (violates 7th Am)

Question 13

Offer of Judgment

Answer 13

• def can submit formal offers to settle case up to 14 days before trial
• benefit is that the rule contains cost-shifting provisions that apply when pl rejects offer to settle + doesn’t do as well at trial as the offer (liable to def for costs incurred after offer made)

Question 14

Motion for Relief from Order or Judgment - Basic Concept

Answer 14

• after judgment entered, possible to obtain relief under certain circumstances

Question 15

Motion for Relief from Order or Judgment - Grounds and Timing

Answer 15

1 - clerical error -> any time
2 - mistake, excusable neglect -> reasonable time (never more than one year)
3 - fraud, misrepresentation or misconduct by opposing party -> reasonable time (never more than 1 yr)
4 - newly discovered ev that couldn’t have been discovered w/ due diligence for a new trial motion
-> newly discovered facts must’ve existed at time of trial -> reasonable time (never more than 1 yr)
5 - Judgment is void (ex: court had no SMJ) -> reasonable time (no maximum)