Pre-Trial, Jury Trial, and Trial/Post-Trial Motions

Question 1

Motion to Dismiss

Answer 1

For motion to dismiss, court views evidence in the light most favorable to the nonmoving party
* Motion denied if nonmoving party presents evidence supporting causes of action/defenses

Question 2

Right to Jury Trial

Answer 2

Under US Constitution, there is right to jury trial for civil cases over $20. This constitutional provision is applied over any contrary state law.

Question 3

Judgment as a Matter of Law

Answer 3

Judge can grant motion for JMOL when the evidence, viewed in the light most favorable to the party against whom verdict would be directed, is such that a reasonable juror could only come to one conclusion
* Party must move from JMOL during trial if it wants to bring renewed motion for JMOL after trial (within 28 days of judgment).

Similar to summary judgment but for during trial, not before.