Post-Trial Procedure

Question 1

motion of relief from the judgment

Answer 1

Rule 60(b) allows a court to relieve a party from a final judgment or order for a motion filed, within a reasonable time, and no later than one year following the entry of the judgment for fraud by an opposing party.

Question 2

motion to alter or amend the judgment

Answer 2

Rule 59(e) - must be made within 28 days of the entry of the judgment

Question 3

motion to correct the judgment

Answer 3

Rule 60(a) allows a party to move a court to correct a clerical or other mistake resulting from an oversight or omission whenever one is found in a judgment, order, or other part of the record.

Question 4

jury returns a general verdict and answer to special interrogatories

Answer 4

• if the answers to the interrogatories are consistent with each other but not with the general verdict –> the court has the option of approving a judgment that is consistent with the answers, notwithstanding the general verdict
• However, when the jury’s answers to those interrogatories conflict with each other –> the court cannot enter a judgment and cannot approve the entry of the general verdict