pretrial and trials – laccp

Question 1

when must a motion for judgment on offer of judgment be made

Answer 1

20 days or more before trial, a party can make a written offer to settle all claims without an admission of liability

Question 2

if an offer of judgment is accepted, when can either party move for judgment on the offer?

Answer 2

10 days after service

Question 3

what are the possible outcomes for motion for judgment on offer of judgment

Answer 3

if final judgment obtained by plaintiff-offeree is at least 25% less than the amount of the offer of judgment made by the defendant, then the offeree must pay the offeror’s costs, exclusive of attorneys fees, incurred after the judgment was made as fixed by the court

the inverse is true for defendant-oferee

Question 4

what is the first way an involuntary dismissal can be obtained

Answer 4

if plaintiff fails to appear for trial

Question 5

what is the second way an involuntary dismissal can be obtained

Answer 5

in an action tried by the court without a jury, any party may move for involuntary dismissal at the close of the plaintiff’s case on the ground that upon the facts and law, plaintiff has shown no right to relief

Question 6

what is the standard for granting an involuntary dismissal

Answer 6

whether plaintiff presented sufficient evidence to establish his claim by a preponderance standard

Question 7

what are the requirements for a jury trial

Answer 7

claim must exceed $10K

Question 8

how does one request a jury

Answer 8

either side can request, but it must be done within 10 days of filing the pleadings that raise an issue triable by jury (or granting of another party’s motion to withdraw a jury demand)

Question 9

how many peremptory challenges can a party exercise with a jury of 12

Answer 9

6 and up to 4 additional challenges if there are multiple parties

Question 10

how many peremptory challenges can a party exercise with a jury of 6

Answer 10

3 and up to 2 additional challenges if there are multiple parties

Question 11

what are the various challenges for cause that a party can raise

Answer 11

1. juror lacks legal qualification (18 years old, resident of La or US citizen, can read and write, and no felony conviction)
2. juror has formed an opinion or is otherwise not impartial
3. relations between the juror and the party or attorney would influence the juror
4. the juror has been on a jury hearing the same case or one arising out of the same facts
5. juror takes the Fifth of voir dire

Question 12

how do parties declare peremptory challenges

Answer 12

they alternate declaring them, which is made in a side bar conference out of the presence of prospective jurors

Question 13

when must parties stop exercising peremptory challenges

Answer 13

after the entire jury has been accepted and sworn

Question 14

when must parties stop exercising challenges for cause

Answer 14

up to the taking of evidence

Question 15

how must the judge instruct the jury during the trial

Answer 15

a judge can instruct the jury during the trial, and must instruct the jury after the trial on the law

Question 16

what can parties request with the jurors

Answer 16

written requests for jury instructions

Question 17

how can the jury review testimony or other evidence

Answer 17

evidence can be read or reviewed by them in the courtroom after notice to the parties

Question 18

when do the parties move for a directed verdict

Answer 18

after the close of the other side’s case

Question 19

what is the standard for a directed verdict

Answer 19

facts and inferences are so overwhelmingly in favor of the moving party that reasonable persons could not reach a contrary verdict

Question 20

what is the result of a denial of a directed verdict

Answer 20

does not preclude subsequent granting of a JNOV; can move forward with the case as normal

Question 21

when must a JNOV be filed

Answer 21

within 7 days of mailing or service of notice of signing of judgment

Question 22

what is the standard for granting a JNOV

Answer 22

after considering all the evidence in a light most favorable to the non-moving party, if the facts and circumstances so strongly and overwhelmingly favor one party that reasonable persons could not reach a contrary result, the court should grant the motion

Question 23

when should a JNOV be denied

Answer 23

if there’s substantial evidence of such quality and weight that reasonable persons might reach a different conclusion, the motion should be denied

Question 24

when is remittitur or additur appropriate

Answer 24

1. court must believe that a new trial should be granted
2. issue of quantum must be clearly and fairly separable from other issues in the case
3. party adversely affected by remittitur or additur must agree