Post-trial Motions

Question 1

New Trial Motion Mechanics

Answer 1

Timing: 28 days after judgment

Can be sua sponte

Must be in writing

Question 2

New Trial Motion Grounds

Answer 2

(1) Insufficient evidence (must be almost completely one-sided)
(2) Inadequate damages (shocks the conscience; no adding money to the verdict)
(3) Excessive damages (shocks the conscience; can reduce damages and allow winner to choose that or new trial)

(4) Trial errors (improper admission of evidence, denial of evidence, bad jury instructions, jury misconduct).
- -These errors must have been properly preserved.

(5) Newly discovered evidence (i.e. existed during the trial, but you just now found it).
- -Must have use due diligence before, the evidence is not for impeachment, and the evidence would have changed the outcome.

(6) Unfair Surprise (Ambush) (opposing party presents a witness that you had no notice of. Had to have objected initially).

Question 3

Motion for Relief from Judgment Mechanics

Answer 3

Timing: must be after the judgment.

• -For 12(b)(1)-(3) motions, it must be before a reasonable time and no more than 1 year from entry of judgment.
• -For 12(b)(4)-(6) it must be before a reasonable time.

Must be in writing.

Question 4

Motion for Relief from Judgment Grounds

Answer 4

Clerical errors

Factual errors, inadvertent omissions, surprise/ambush.

Newly discovered evidence

Fraud

Void for SMJ defects or due process problems (this is easily tested!)

Changed circumstances (e.g. judgment has been discharged, released, satisfied; injunction is now inequitable; the law has changed).

Any other reason (extraordinary circumstances, e.g. judicial bias).

Question 5

Motion to Alter or Amend a Judgment (Motion to Reconsider)

Answer 5

Timing: 28 days after entry of judgment

Standard:

• -change in law after the judgment
• -Newly discovered evidence
• -Clear error, manifest error

Note: cannot use this motion to make JMOL arguments about evidence