Post Trial Motions and Taking Case From Jury; Appeal

Question 1

Motion for judgment as matter of law (formerly directed or instructed verdict)

Answer 1

Still called directed verdict if done during trial.
1. Standard: If on undisputed evidence, movant is entitled to judgment as matter of law; no reasonable way to find for the non-movant
2. Time-when opponent rest or closes or all parties rest or close
3. Motion for directed verdict is prerequisite to moving for judgment notwithstanding the verdict or to appeal on basis of sufficiency of evidence
“When the evidence has been received, view in light most favorable to non-movant, and permits only one reasonable inference, in favor of movant”

Question 2

Renewal for JMOL

Answer 2

Formerly called judgment notwithstanding the verdict; same standard as during trial, but after loss of verdict with jury

Question 3

Motion for new trial standard and purpose

Answer 3

To correct miscarriage of justice, error in trial, etc. examples:

1. ) Factual findings against great weight of evidence, even if JMOL not proper; not by preponderance standard; judge is supposed to say evidence is greatly against the verdict
2. ) Cure legal or procedural errors
3. ) Newly discovered evidence (rarely granted), mistake, etc.
4. Other grounds, etc.

Question 4

Newly discovered evidence

Answer 4

Evidence has to be major piece of evidence that could change outcome and was not found by exercise of diligence

Question 5

Review of motion for new trial

Answer 5

Review on appeal: abuse of discretion; judge can almost always grant new trial and be upheld

Question 6

Correction of judgment procured by fraud, mistake, etc.

Answer 6

New trial-10 days
Rule 60 motion-outside 10 days but within 1 year
Independent action-later, with difficult burden
Rule 60a: clerical mistakes, at any time
Rule 60b: Other causes, ranging from excusable neglect (late in filing answer and default), or mistake to fraud, “misconduct”, newly discovered evidence, lack of jurisdiction, “other” causes; 1 year limit on most common grounds; more than 1 year for extrinsic fraud

Question 7

Judgment as matter of law used to be

Answer 7

directed verdict; judgement notwithstanding the verdict

Question 8

Appeal basic rule

Answer 8

basic rule- need final judgment; Needs to be final for every party; every claim; every requested ground of relief; summary judgment of 1 of 2 defendants not final; denial of summary judgment not final

Question 9

Appealable non-final judgments (escape valves)

Answer 9

1. Collateral order doctrine
2. Certain interlocutory orders appealable by statute (injunctions); injunctions even if temporary
3. Discretionary appeals
4. Making it into a final judgment
5. Mandamus

Question 10

Collateral order doctine

Answer 10

claims of right separable, and collateral to rights asserted in the action

Question 11

Discretionary appeals

Answer 11

District court says novel questions, differences of opinion, advance termination; appellate court must agree; District court makes a finding that there is a novel question upon which there is substantial ground for difference of opinion and decision upon the matter would advance termination of litigation and appellate court has to agree. (also called appeal by certification)

Question 12

Making it into a final judgment

Answer 12

Court enters final judgment on one of multiple claims, by express finding and directions.

1. Must dismiss one of the claims
2. Judge makes express finding that there is no just cause for delay and expressly enter judgment on the claim.

Question 13

Mandamus

Answer 13

An equitable proceeding, only if no adequate remedy by appeal. i.e. discovery order

Question 14

Federal appellate procedure

Answer 14

1. Notice of appeal
2. cost bond
3. supersedeas
4. record
5. brief
6. File docket fees, etc.; time limits

Question 15

Notice of appeal

Answer 15

Form that has name of appellants, order appealed form, court appealed form, date of order appealed from, court being appealed to; one sentence document; must be filed within 30 days; court of appeals can give additional 30 days for good cause showing

Question 16

Cost Bond

Answer 16

For cost of appeal; $500 unless court set a different amount

Question 17

Supersedeas

Answer 17

appeal doesn’t stop judgment from being enforced; file a bond for amount of judgment plus cost

Question 18

Record (appeal)

Answer 18

must be filed; appealing party must request record from court reporter and clerk

Question 19

Brief requirements (appeal)

Answer 19

how long is brief, how many words per page, what color is brief

Question 20

time limits during appeal

Answer 20

One of the first things you do make out time table by consulting rules so that you know time limits for all parts of appeal

Question 21

Court of appeal

Answer 21

over appealable orders of district courts within their circuits, unless direct appeal to supreme court and administrative agency appeals

Question 22

Supreme Court

Answer 22

Original jurisdiction- trial court jurisdiction when states sue each other
Appellate jurisdiction from courts of appeal and state courts of last resort
Certiorari and other kinds of review (rare), like direct from trial court to supreme court

Question 23

Certiorari

Answer 23

Deal with systematic problems of federal issues of national importance; not exercised for justice of parties, but for problems of federal interest