Post Trial Motions

Question 1

Judgment as a Matter of Law f/k/a?

Answer 1

Motion for Directed Verdict

Question 2

Renewed Motion for Judgment as a Matter of Law f/k/a ?

Answer 2

Judgment Notwithstanding the Verdict

Question 3

Motion for JAAMOL Standard - Rule 50

Answer 3

Reasonable jury would not have LEGALLLY SUFFICIENT EVIDENTIARY BASIS to find for the party opposing the motion/
Judge considers evidence in light most favorable to nonmoving party

Question 4

Motion for JAAMOL - when filed?

Answer 4

after opposing party has been fully heard and

before submission to jury

Question 5

Motion for JAAMOL - why file?

Answer 5

to preserve right to Renewed JAAMOL/JNOV
obtain judgment on the merits
confidence that you can win the case

Question 6

Renewed JAAMOL Standard - Rule 50(b)

Answer 6

Reasonable jury would not have legally sufficient evidentiary basis to find for opposing party

Question 7

Renewed JAAMOL - when filed?

Answer 7

w/i 28 days of entering judgment or jury discharge

Question 8

Renewed JAAMOL - why file?

Answer 8

Preserve right to appeal for insufficient evidence
change the outcome of the case
(must have filed JAAMOL to preserve right to file renewed JAAMOL)

Question 9

Motion for New Trial - Rule 50(b)(c) & Rule 59

Answer 9

Usually filed with JNOV/renewed JNOV
when? after trial w/28 days of judgment
why? for any reason previously granted
if filed with JNOV, judge MUST make conditional ruling

Question 10

Motion for New Trial Standard

Answer 10

against the clear weight of the evidence

Question 11

Relief from Judgment or Order - Rule 60

Grounds

Answer 11

1. mistake
2. newly discovered evidence that could not have been discovered in time to move for new trial
3. fraud
4. judgment is void
5. judgment has been satisfied
6. any other reason (can’t rely on this)
   filed w/in year for 1-3; reasonable time for 4-6