Post-trial procedure

Question 1

Renewed motion for judgement as a matter of law

Answer 1

The movant:

(1) must have moved for judgment as a matter of law pursuant to Rule 50(a); and
(2) must file a renewed motion within 28 days after entry of judgment.

The court may then:

(1) allow judgment on the verdict, if the jury returned a verdict;
(2) order a new trial; or
(3) direct entry of judgment as a matter of law.

Question 2

Corrections of clerical or other mistakes

Answer 2

Under Rule 60(a), a federal court may correct a clerical or other mistake resulting from oversight or omission whenever one is found in a judgment, order, or other part of the record:

• The court may make such a correction on motion by a party or on its own initiative, with or without notice; but
• Once an appeal from a judgment or order has been docketed in the appellate court, such a correction can be made only with leave of the appellate court.

Question 3

Relief from a judgment or order: timing

Answer 3

A motion for relief from judgment under Rule 60(b) must be filed:

(1) within a reasonable time and
(2) no later than one year following the entry of the judgment.

There is no injustice exception to timely filing such a motion.

Question 4

Relief from a judgment or order

Answer 4

Upon timely motion by a party, a court may relieve the party from a final judgment on multiple grounds, including:

• Newly discovered evidence that could not have been earlier discovered with reasonable diligence;
• Fraud, misrepresentation, or misconduct by an opposing party; or
• “Any other reason that justifies relief.”

Question 5

Motion for a new jury trial

Answer 5

A trial judge has discretion to order a new trial on multiple grounds, including:

• An excessive verdict;
• A juror’s failure to honestly answer a material question on voir dire that would have provided a valid basis for a challenge for cause.

Question 6

Motion for a new jury trial: timing

Answer 6

The motion must be filed—or, if raised sua sponte, ordered—no later than 28 days after the entry of judgment.

Question 7

Motion for a new jury trial: remittitur

Answer 7

A federal court is permitted to offer remittitur—a reduction in the damages awarded by the jury—as the means by which the plaintiff can avoid a new trial.

Question 8

Motion for a new jury trial: additur

Answer 8

A federal court is not permitted to offer additur—an increase in the amount of damages awarded by the jury—as the means by which the defendant can avoid a new trial.

Additur is not permitted in a federal court action bceause it violates the Seventh Amendment right to a jury trial.

Question 9

Dismissal for failure to prosecute

Answer 9

If a plaintiff fails to prosecute his case and, in response to a defendant’s motion, the court dismisses the action, the dismissal is with prejudice and operates as an adjudication on the merits.

Question 10

Relief from a judgment or order: fraud on the court

Answer 10

A motion to set aside a judgment for fraud on the court is available only for fraud that seriously affects the integrity of the normal process of adjudication, such as:

• bribery of a judge or a juror or
• the fabrication of evidence by a party in which an attorney is implicated.

Mere perjury by a witness does not itself constitute a fraud on the court.