SJ & JMOL Script

Question 1

FRCP 56 – Summary Judgment

Answer 1

(a) a party may move for summary judgment if the evidence shows there is no genuine dispute of material fact such that an issue should not be sent to a jury because they could not reach a reasonable conclusion with the evidence presented. Thus, the court may invoke the rule of law to come to a reasonable conclusion on the issue either to decide the case or solely the issue at hand.
(b) Unless the court orders otherwise, a party can file a motion for SJ at any time until 30 days after the discovery has ended.
(c) Codified in Celotex, the moving /nonmoving party need to have authentic evidentiary support to back its position on whether or not a material fact is genuinely disputed. To do so, parties should look to the record.
(d) A party may be granted more time to gather evidentiary support from discovery to back their position as long as, at the time of opposition, they can show justification as to why they need more time.

Question 2

Anderson

Answer 2

• The court may not weigh evidence or assess credibility, that is the job for the jury.
• When assessing whether a fact is a material fact, look to the substantive law to determine what may substantially change the suits outcome.
• The evidentiary burden is different between parties and should be assessed accordingly when deciding whether there is a genuine dispute of material fact.

Question 3

Celotex

Answer 3

• Parties, both moving and non-moving, must show authentic evidentiary support to back their position regarding why a material fact is or isn’t genuinely disputed.
• Defendant can assert a claim in plaintiff’s complaint is erroneous because it is not disputed, or that plaintiff left out a claim in her complaint that is disputed

Question 4

Tolan / Coble

Answer 4

• A justifiable inference must be made in favor of the non-moving party when assessing materially disputed facts.

Question 5

Matsushita

Answer 5

• A moving party must show more than a metaphysical doubt as to a disputed material fact.

Question 6

FRCP 50 – JMOL

Answer 6

• JMOL is substantively similar to SJ but occurs at different times. JMOL occurs in the trial phase whereas SJ occurs within 30 days after discovery.
• JMOL can be raised when the evidence presented at trial does not show any genuine dispute of material fact such that the case should either not be sent to the jury, or if it was sent to the jury, the jury cannot reach a reasonable conclusion.
• 50(a)(1)(A-B) If the court finds this, then the court may either resolve the issue against the party and grant a motion for JMOL
• A motion for JMOL can be made once one party has finished presenting their case or when both parties have finished presenting their case, as long as the motion for JMOL is made before the case is submitted to a jury. 50(a)(2)
• The judge may also enter a motion for JMOL sua sponte (on his own) if both parties have been given the opportunity to be heard.

Question 7

FRCP 52(c) – Judgment on Partial Findings

Answer 7

• 52(c) deals with a motion for judgment on partial findings.
• When a party has been fully heard on an issue during a bench trial, either a party or the judge (sua sponte) may make a motion for a judgment on partial findings.

Question 8

FRCP 59 – Motion for a New Trial

Answer 8

• A MNT is substantively different from JMOL because it starts the proceedings are over whereas JMOL is a valid final judgment.
• Either party can make a MNT, even if they have previously moved for JMOL or if the outcome of the case was in their favor
• 59(b) – a MNT must be filed within 28 days of the entering of the previous judgment
• 59(d) – A judge may also grant a new trial
• At common law, a judge can grant a do over if the jury’s verdict is grossly disparate from the great weight of the evidence, if the reward given shocks the conscience, or if as the result of some judicial error the jury was given too much, too little, or the wrong evidence.