Post-Trial Procedure Flashcards
Under what basis can there be relief from judgment or order?
Court can relieve party of final judgment within a reasonable time, and no later than one year following judgment entry for:
-> mistake, inadvertence, surprise, or excusable neglect
-> new discovered evidence (not previously discovered through reasonable diligence)
OR
-> fraud, misrepresentation, or misconduct by opposing party
What are other remedies a court may also pursue post-trial?
Entertain an independent action to relieve a party from an order, judgment, or proceeding.
Grant relief to D who was not personally notified of the action.
OR
Set aside a judgment for fraud on the court.
When must notice of Appel be filed?
Generally must be filed with the district clerk within 30 days after the judgment or order being appealed is entered.
How many days after the final judgment is entered does a party have to file a renewed motion for judgment as a matter of law or a motion for a new trial?
A renewed motion for judgment as a matter of law and a motion for a new trial must be filed within 28 days after the final judgment is entered.
What is the final judgment rule?
The federal courts of appeals have jurisdiction over appeals of the final judgments of the district court.
If more than one claim is presented in case, or there are multiple parties, a strict court may direct entry of a final judgment as to one or more issues/parties, but only if the court expressly determines that there is no just reason for delay.
What is a final judgment?
A final judgment is a judicial decision that fully resolves the dispute on the merits and leaves nothing for the court to do but enforce the judgment.
What common interlocutory orders are not immediately appealable as a matter of right?
Denial of
-> summary judgment motion
-> motion to dismiss
OR
Granting of a new trial motion
What are the exceptions to the final judgment rule which allows a party to immediately appeal certain orders?
Although most interlocutory orders, such as the denial of a summary judgment motion, a motion to dismiss, or the granting of a new trial motion, are not immediately appealable, 28 U.S.C. § 1292(a) makes certain equitable orders reviewable immediately as a matter of right, including:
-> An order granting, modifying, refusing, or dissolving an injunction (preliminary injunction also included in this);
-> An order appointing or refusing to appoint a receiver; and
-> A decree determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
How long does a party have to appeal a final judgment?
The application must be made within 30 days after the entry of the order, and must be filed with the clerk of the appellate court.
How long does a party have to appeal an exception under the final judgment rule?
Is the timeframe different if the interlocutory order is related to certification of a class action?
The application must be made within 10 days after the entry of the order, and must be filed with the clerk of the appellate court.
Yes, it’s 14 days.
Can a court enter final judgments as to only a handful of claims or parties?
Under what circumstance can they do this?
When can a party appeal the final judgments to such claims and parties? Do they need to wait for all claims and parties to receive their final judgment?
When an action involves multiple claims or parties, a district court may enter final judgment as to fewer than all claims or parties
IF it expressly determines (i.e., certifies) that there is no just reason for delay in submitting the final judgment as to those claims or parties.
A party may then appeal that judgment if the notice of appeal is filed with the district court clerk within 30 days after entry of that judgment.
How long does a party have to appeal a final judgment in a case that involved the federal government, an agency or an officer/employee of either?
A party may then appeal that judgment if the notice of appeal is filed with the district court clerk within 60 days after entry of that judgment.
If a party properly appeals a final judgement or an exception to the final judgment rule, must the appellate court hear the case?
No they have discretion to hear or not to hear a case.
What are the standards of review?
Review of a trial court’s factual findings (Credibility of witnesses, Factual determinations/verdict)
-> clearly erroneous (only if trial was bench trial)
—-> high deference
—-> Reverse if no reasonable judge would have made finding
-> substantial evidence (only if jury trial)
—-> high deference
—-> Reverse if no reasonable jury would have made finding
Review of a jury verdict
-> varies among jurisdictions
Review of legal rulings (Conclusions of law, Jury instructions)
-> de novo
—-> no deference
—-> Reverse if reasonable belief judge misinterpreted law
Review of discretionary rulings (injunctions, admissibility of evidence)
-> abuse of discretion
—-> high deference
—-> reverse if decisions was unreasonable or arbitrary
What is the full faith and credit rule?
If valid judgment is rendered by a court that has jurisdiction over the parties, and parties receive proper notice of the action and a reasonable opportunity to be heard, judgment will receive the same effect in other states as state where it was rendered.