Post Trial Motions

Question 1

Post trial motions - Types (2 + 1)

Answer 1

1) Motion for New Trial
2) “Motion to vacate” -aka “Relief or Correction of Judgment”

+ Harmless Error Doctrine

Question 2

Post trial motions - Motion for new trial - Gral

Answer 2

• New trial also possible for court sua ponte
• Better chances to obtain than JMOL
• Can substitute appeal (allowed for errors of law)

Question 3

Post trial motions - Motion for new trial - Grounds (4 + JET)

Answer 3

1) Irregularity in proceeding
2) Misconduct by persons involved in trial
3) Significantly excessive/inadequate dx (remititur/adititur)
4) Newly discovered E not discoverable before/reasonable diligence

+ JET:

• Juror misconduct
• Errors of law (justifies use as easy substitute of appeal)
• Timeliness of objection (preserved by having objected error during trial)

Question 4

Post trial motions - Motion for new trial - Grounds - Excessive dx

Answer 4

• Remititur: when P agrees to reduce in amount of dx
• Adititur: when D agrees to increase in amount of dx

Question 5

Post trial motions - Motion for new trial - Timing

Answer 5

• End of trial, no later than 28 days after entry of judgment
• No possible extension

Question 6

Post trial motions - Motion for Relief or Correction of Judgments - aka “Motion to Vacate” - gral

Answer 6

• Not based upon errors of law
• Can not be substitute for appeal - Grounds for motion based on “just cause”

Question 7

Post trial motions - Motion for Relief or Correction of Judgments - aka “Motion to Vacate” - Grounds (6) CIEFLN - OJO NOT for Error of law

Answer 7

1) Clerical or other mistake
2) Improper Service
3) Excusable neglect or irregularity in obtaining judgment*
4) Fraud*
5) Lack of jdx
6) Newly discovered E not discoverable before/reasonable diligence*

(* 1 year to present motion)

Question 8

Post trial motions - Motion for Relief or Correction of Judgments - aka “Motion to Vacate” - Timing

Answer 8

• Reasonable time
• 1 year from entry when motion based: newly discovered E, fraud, irregularity and misconduct, excusable neglect) (no possible extension)

Question 9

Post trial motions - Harmless Error Doctrine

Answer 9

• When harmless or minor error during trial
• Do not require reversal by appellate court but other remedy
• i.e. admit or exclude E
• i.e improper denial of request for jury trial is ground from remand with instructions

Question 10

Post trial motions - Harmless Error Doctrine - Standard

Answer 10

Where findings are clearly erroneous + affect party’s substantial rights