Post Trial Motions

Question 1

Renewing the Motion After Verdict (JNOV)

Answer 1

• MUST file no later than 28 days after the entry of judgment
• CAN ONLY FILE IF JMOL WAS FILED
• A party is generally limited to those issues raised in the JMOL

Question 2

Renewing the Motion After Verdict (Test)

Answer 2

The motion will be granted if:

1. When viewing the evidence in the light most favorable to the non-moving party; AND
2. The court finds that a reasonable jury would not have a legally sufficient basis to find for the non-moving party

Question 3

Renewing the Motion After Verdict (When does this even occur?)

Answer 3

1. Before case goes to jury the JML gets filed and judge denies it:

• The denial is treated as non-final, and can be to reversed if the jury finds against the movant

2. After the judge denies JML motion, the judge submits the case to the jury

• If the jury finds in favor of the movant, then the motion becomes moot
• But if the jury finds against the movant, the movant may, if they act within 28 days after the jury is discharged, file a renewed motion for JML. 

-The court may then do any any of several things:
+Grant the motion;

+Order a new trial (reverse the denial of the JML and issue judgment for the movant despite the verdict in favor of the non-movant); or 

+Enter judgment on the jury’s verdict

Question 4

Renewing the Motion After Verdict (Biggest Trap to Avoid)

Answer 4

-Turns on the requirement that the JML motion must have initially been made before the case was submitted to the jury 

-If the movant misses that chance, they do NOT get another chance to move for JML after the jury finds against them.

Question 5

Motion for Relief from Judgment (R60) [What is it?]

Answer 5

Even after a final judgment has been entered, the losing party may be able to get “relief” from the judgment

Question 6

Motion for Relief from Judgment (Grounds)

Answer 6

Grounds → There are a # of grounds on which the court may grant the losing party relief from the adverse judgment or court order

-Mistake;
-Fraud;
-Excusable neglect;
-Newly-discovered evidence;
+Evidence discovered after trial + material
-The fact that the judgment is void 
+Made w/o the court’s having PJ over the
loser
-Any other reason that justifies relief 

Question 7

Motion for Relief from Judgment (Time Limits)

Answer 7

No matter what the grounds are, the motion must be made within a reasonable time.

For mistake, excusable neglect, and newly-discovered evidence there is an absolute deadline of one year after the judgment or order was entered.

Question 8

Motion for Relief from Judgment (Judgment entered w/o PJ)

Answer 8

Most commonly tested is when the judgment was entered against D →  D defaulted → D establish that the court never had personal jurisdiction over D

Not only is D entitled to have the judgment set aside under Rule 60 as void (one-year after judgment time limit does NOT apply to this void judgment scenario)

Question 9

Motion for New Trial (time limit)

Answer 9

A motion for a new trial MUST be filed no later than 28 days after the entry of judgment

Question 10

Motion for New Trial (when?)

Answer 10

Soon after a trial the losing party may move in the trial court for a new trial.

Question 11

Motion for New Trial (grounds?)

Answer 11

-Error would have caused a different outcome.

-Judge erroneously admitted/excluded evidence.

-Improper conduct by party, witnesses, lawyer, or jury

-Verdict is against clear weight of the evidence

-Remittitur
+New trial for excessive damages
+Unless a party agrees to a reduction of
damages