Post Trial Motions

Question 1

What are post-trial motions?

Answer 1

• These are options you have other than appeal if you lose @ trial
  
  • Renewed Motion for JML - Rule 50(b)
  • Motion for a New Trial - Rule 59
  • Motion for Relief From Judgment - Rule 60(b)

Question 2

What is a renewed motion for JML?

Answer 2

• same grounds & standards as the JML
• made after the judgment is issued
• can add a joint motion for a new trial
• Timing
  
  • must be filed w/in 28 days of the judgment
  • date of the judgment is not necessarily the date of verdict

Question 3

What does a judge do on a ruling for renewed motion for JML?

Answer 3

• allow the verdit to stand
• enter the opposite verdict
• order a new trial even if motion for new trial not made

If ct grants motion for JML, it must issue a conditional ruling for any motion for a new trial — gives the appellate ct something to review

Question 4

What is a motion for a new trial?

Answer 4

Rule 59

• you want a new trial
• the old trial is called annullity & you start over
• GROUNDS
  
  • the verdict is against the great weight of the evidence
    
    • ct can look at credibility & weigh
  • if there was excessive damages
  • Procedural Error or Misconduct
  • Newly discovered evidence
• TIMING
  
  • must be filed w/in 28 days of entry of judgment

Question 5

What does a ct do if after judgment they find there was excessive damages?

Answer 5

• order new trial or the ct can submit another amount
• no remedy if the damages are grossly inadequate

Question 6

What must you show for procedural error or misconduct?

Answer 6

• show the error or misconduct likely effected the result of the trial AND
• the pty objected to the error when they had the oppty to do so

Question 7

What are examples of procedural error or misconduct?

Answer 7

• wrongful exclusion/admission of evidence @ trial
• incorrect hury instructions
• communication bet. witnesses
• ex-parte communication w/the judge
• juror misconduct

NOTE -

Question 8

How is new evidence treated after judgment?

Answer 8

It has to be evidence that could not, with reasonable diligence, have been discovered before the verdict.

For a new trial, requires the evidence:

• is not soley for the purpose of impeachment AND
• would likely change the result of the trial

Question 9

What is a motion for relief from judgment & its grounds?

Answer 9

• asks the ct to undue the judgment entered
• set it aside & leave it be
• GROUNDS
  
  1. Mistake, inadvertance or excusable neglect
  2. Newly discovered evidence
  3. Fraud, misrepresentation or misconduct by a pty
     
     • i.e. - bribe
  4. Judgment is void
     
     • i.e. - ct lack PJ or SMJ
  5. Judgment has been satisfied
  6. Any other reason that justifies relief
• TIMING
  
  • must be made w/in a reasonable time
  • if based on ground 1-3, must be made no later than 1 yr.