Trial Flashcards
Trial components
- arbitration
- offer of judgment
- default judgement
- jury trial
- summary judgment
- judgment as a matter of law (JMOL)
Post-trial motions
- renewed motion for JMOL (JNOV)
- motion for a new trial (de novo)
- losing party may move for JNOV + alternatively new trial
- motion to alter or amend (reconsider) a final judgment
- motion for relief from judgment
- stay of judgment
Arbitration
K agreement to submit to arbitration is enforceable under Federal Arbitration Act, preempts state law
Offer of judgment
14 before trial, Δ may offer a judgment against it on specified terms (settle). If Π rejects offer and gets less favorable judgment, Π must pay costs (incl. any atty fees under statute) incurred after offer was made
Default judgment
Π may seek if Δ fails to defend (no response to complaint). If Δ took some action, no default.
i. Involuntary dismissal: Against Π, by Δ or ct motion, for failing to pursue or comply w/ FRCP or ct order
ii. Voluntary dismissal: Π may give up the case by filing a notice before Δ’s answer or motion for summary
judgment, or by leave of ct
Jury trial (A7)
Party who wants it must file demand w/ court and serve on pts w/in 14 of service of last pleading directed to jury-triable issues of fact. Demand may be withdrawn if all parties consent
i. No demand w/in 14 of pleading = waiver of right. Ct may order jury trial if Π’s waiver was unintentional
ii. If legal claims (seeking damages) are asserted, other party cannot be denied a jury on the damages issues
iii. If legal + equitable claims in one action, legal claim should be tried first to jury, then equitable claim to ct
iv. If fed diversity suit, jury trial must be permitted even if state ct would deny a jury (A7 > state law per Erie)
v. Size: 6-12 jurors. May have fewer than 6 jurors if parties agree
1. Juror may be excused for good cause (e.g., illness) w/o mistrial, as long as 6+ participate in verdict
vi. Selection: Venire of potential jurors, reasonable cross-section of community. Voir dire to ask about juror’s
potential bias in case. Unlimited # of jurors with bias (deliberate lie or unlikely to be impartial) may be
challenged (excused) for cause. 3 peremptory challenges (for any reason, except race or gender) per party
vii. Pt may file proposed instructions at close of case. If not filed or objected to before deliberation, waived
viii. Verdict must be unanimous unless parties agree otherwise
Summary judgement
shall be granted if, from the pleadings, affidavits, and discovery materials on file (not merely allegations or denials) viewed in light most favorable to nonmoving party (NMP), the moving party shows that there is no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law
i. Any party may move any time until 30 days after close of discovery. See also § IV-h-iii.
ii. Moving party has burden to show prima facie case; burden shifts to NMP to show genuine issue of fact
Judgment as a matter of law (JMOL)
(JMOL/directed verdict) may be granted to moving party if nonmoving party (NMP) has been fully heard on an issue, and a reasonable jury would not find for NMP on that issue, evidence viewed in light most favorable to NMP
i. May move after NMP has been fully heard and before submission of case to jury: Δ may move after Π closes case/rebuttal or after Δ closes case. Π may move after Δ closes case
Renewed motion for JMOL (JNOV/judgment notwithstanding the verdict)
2nd chance at JMOL raising only those issues raised in original JMOL. Must be filed w/in 28 of judgment (assuming motion for JMOL was made before)
Motion for new trial (de novo)
Must be filed w/in 28 of judgment. Court may order new trial on its own.
i. Reasons include: error during trial; jury misconduct; newly discovered evidence unable to be discovered earlier by reasonable diligence; unfair (prejudicial, not harmless error) accident or surprise during trial; insufficient evidence to justify verdict; verdict against law; error in law; excessive/inadequate damages
ii. Remittitur (reduced award): Judge offers new trial or lower award if he believes jury’s compensatory dmgs are so excessive as to “shock the conscience” (or in diversity case, meets state standard for excessiveness)
iii. Additur (higher award): N/A in federal ct. But if judge believes dmgs too low, may be basis for new trial
Losing pt may move for JNOV and alternatively new trial.
If ct grants JNOV, must conditionally rule on new trial
Motion to alter or amend (reconsider) a final judgment
based on new evidence, change in law, clear error of law or
fact, or to prevent injustice must be brought w/in 28 of order. Otherwise, seek relief from judgment or appeal…
Motion for relief from judgment
based on mistake, fraud, misconduct must be filed w/in reasonable time up to 1 yr.
Stay of judgment
Judgments are not enforceable until 30 days after entry (except injunctions). Court may in its discretion stay execution of judgment while a post-trial motion (§ VIII-g–k) is pending, for security of opposing pt
