Post Judgement or Appellate Proceedings Flashcards
What is a renewed motion for a directed verdict?
This is just what it sounds like, you have to have made the motion for directed verdict first prior to the end of the trial and you renew it at the end of the trial, or after a judgment is entered.
How do you handle a post-trial motion after jury deliberations?
You have to make this within 15 days after the jury returns the verdict/or does not and you can ask them to set aside the verdict and you can request a directed verdict.
How and why do you make a motion for a new trial?
Once the jury has a verdict you can bring a motion for a new trial on any basis concerning the jury verdicts validity.
When will the court grant a motion for a new trial?
When the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside of the record.
When should a party file a motion for a new trial?
no more than 15 days from jury’s verdict.
Why would you apply for a motion for relief from judgment?
a) .clerical mistakes in the judgment or decree or parts of the record.
b. new evidence that could not have been discovered previously
c. fraud misconduct of adverse party
d. void judgment
e. satisfaction release or discharge
f. prior judgment reversed
g. no longer equitable that prior judgment should have prospective application
When can you file a motion for relief from judgment?
Well it says reasonably. But not more than 1 year if it is a challenge of mistake, new evidence, frauds, misrepresentation