POST-TRIAL MOTIONS

Question 1

Motion for judgment as a matter of law (JMOL).

Answer 1

For centuries, this was called “directed verdict.” It applies in jury trial. If the judge grants JMOL, the case will not
go to the jury – the judge simply rules for a side.

The motion is based upon evidence presented at trial.

Question 2

Why would a judge grant JMOL and refuse to let the jury decide the case?

Answer 2

Because reasonable could not disagree on the result

Question 3

How is evidence viewed for JMOL?

Answer 3

Like summary judgment, the court views the evidence in the light most favorable to the non-moving party.

Question 4

When can a party move for JMOL?

Answer 4

After the other side has been heard at trial

Question 5

Renewed motion for judgment as a matter of law (RJMOL).

Answer 5

THIS IS THE SAME AS JMOL BUT COMES UP AFTER TRIAL.

As with JMOL, the court views the evidence in the light most favorable to the non-moving party

Question 6

When is RJMOL Proper?

Answer 6

Must have moved for JMOL at trial. Then we use RJMOL because the jury reached a conclusion that reasonable people could not have reached

Question 7

If RJMOL is granted…

Answer 7

the court enters judgment for the party that lost the jury
verdict!

Question 8

When do you move for RJMOL?

Answer 8

Within 28 days after entry of judgment.

Question 9

What is an absolute prerequisite to bringing RJMOL?

Answer 9

You must have moved for JMOL at a proper time at trial; if you did not do that, you waived RJMOL

Question 10

Motion for a new trial

Answer 10

Judgment is entered, but some error at trial requires that we should start over and have a new trial. Can be based on any (non-harmless) error that makes the judge think
we should have a do-over.

Question 11

Timing for motion for a new trial

Answer 11

Party moves for this within 28 days after judgment.

Question 12

Examples of Errors in which a motion for new trial would be proper

Answer 12

1. Judge gave an erroneous jury instruction;
2. New evidence that could not have been gotten before with due diligence;
3. Misconduct by juror or party or lawyer, etc.
4. Judgment is against weight of the evidence (serious error of judgment);
5. Inadequate or excessive damages.

Question 13

What are your options if you waive RJMOL?

Answer 13

Motion for new trial

Question 14

Ordering new trial is less drastic than ordering RJMOL. Why?

Answer 14

It results in starting over, so so the same party might still win

Question 15

One ground for new trial is that the jury’s damages figure is excessive or inadequate. What is the standard for ordering new trial on this ground?

Answer 15

The damages figure shocks the conscience

Question 16

But new trial is a lot of work. To avoid a new trial, the court might suggest…

Answer 16

remittitur or additur

Question 17

Remittur

Answer 17

The court finds the damages figure is so high it shocks the conscience, it can order new trial or suggest remittitur.

This gives P a choice: take a lesser amount (which the court sets) or go through new trial.

The court cannot simply lower the amount.

Question 18

Is remittitur OK in state and federal court?

Answer 18

Yes - ok in both

Question 19

Additur

Answer 19

The court finds the damages figure shocks the conscience because they are too low.

It can order new trial or suggest additur. This gives D a choice: pay a greater amount in damages (which the court sets) or go through new trial.

Question 20

Is additur OK in state and federal court?

Answer 20

It is ok in State Court; it is UNCONSTITUTIONAL in Federal Court

Additur violates the Seventh Amendment. Because that applies only in federal court, state courts are free to recognize additur.

Question 21

Motion for Relief from Order or Judgment.

Answer 21

Here, we ask the district court to set aside an order or judgment it entered

Question 22

Types of Motions for Relief from Order or Judgment and their respective timings

Answer 22

1. Clerical error
   
   • Anytime
2. Mistake, excusable neglect
   
   • Reasonable time (never more than 1 year)
3. New evidence that could not have been discovered with due diligence for a new trial motion
   
   • Reasonable time (never more than 1 year)
4. Judgment is void (e.g., no SMJ)
   
   • Reasonable time (no maximum)