Post-Trial

Question 1

Renewed judgment as a matter of law (RJMOL)

Answer 1

Occurs after the jury has reached a verdict, contending that reasonable people could not disagree on the result, and asks for a judgment as a matter of law. The losing party must have originally filed a JMOL or they cannot later file a RJMOL.

Question 2

Federal Timing for RJMOL

Answer 2

The motion must be made within 28 days after entry of judgment.

Question 3

California Timing for RJMOL (Called a JNOV)

Answer 3

The motion must be made within 15 days after mailing or service of notice of entry of judgment, or 180 days after the entry of the judgment.

Question 4

JNOV

Answer 4

Unlike in federal court RJMOL, the losing party is not required to make a directed verdict motion first in order to make the JNOV motion.

Question 5

Motion for a new trial

Answer 5

After judgment has been entered, the losing party requests a new trial based on errors made at trial.

Question 6

Motion for a new trial timing

Answer 6

a. Federal: The motion must be made within 28 days after entry of judgment.
b. California: The motion must be made within 15 days after mailing or service of notice of entry of judgment, or 180 days after the entry of the judgment.

Question 7

Motion for a new trial-Grounds

Answer 7

Grounds for a new trial include the following:

a. Prejudicial error at trial that makes the judgment unfair.
b. New evidence that could not have been obtained for the original trial through due diligence.
c. Prejudicial misconduct of a party or attorney or third party or juror.
d. Judgment is against the weight of the evidence.
e. Excessive damages or inadequate damages.

Question 8

Motion to set aside the judgment

Answer 8

Can be based on:

1. Clerical errors;
2. Neglectful mistakes;
3. Newly discovered evidence that could not reasonably be discovered for the original trial; or
4. Judgment is void.
5. Timing: A motion to set aside a judgment based on neglectful mistakes or that the judgment is void may not be brought more than one year after the judgment.

Question 9

Conditional New Trial on Damages-Remittitur

Answer 9

Remittitur occurs when a judge orders that the defendant will get a new trial unless the plaintiff agrees to a reduced award of damages where the judge finds the damages awarded by the jury were excessive.

Question 10

Conditional New Trial on Damages-Additur

Answer 10

Additur occurs when a judge orders that the plaintiff will get a new trial unless the defendant agrees to an increased award of damages where the judge finds the damages awarded by the jury were insufficient.

a. Federal: Additur is not permitted in federal court.
b. California: Additur is permitted in California courts.