Trial

Question 1

Notice for Trial

Answer 1

Any party may serve notice that an action is ready for trial within 20 days after service of the LAST pelading, or any time after motions directed to the pleadings have been decided.

Question 2

Demand for a Trial by Jury must be made:

Answer 2

1. in writing

2. no later than 10 days after service of the last pleading directed to such issue

Question 3

Once demanded, a jury trial may NOT be waived unless:

Answer 3

there is consent from the other party

Question 4

For cause challenges

Answer 4

any party may remove a juror for cause upon a motion to the court

Question 5

Preemptory challenges

Answer 5

You get 3. Without cause. But can’t be based on discrimination (race or gender)

Question 6

Are jurors allowed to take notes during the trial?

Answer 6

Yep. And they can submit questions to the court for witnesses.

Question 7

Mtn for a Directed Verdict - timing

Answer 7

Made at the end of the π’s case, but before the ∆’s case

Question 8

Mtn for a Directed Verdict - standard

Answer 8

Based on π’s evidence, could a reasonable jury find in π’s favor? If not, then no point to continue the trial, we’ll end the whole thing now.
Court will assume all of π’s witnesses are telling the truth

Question 9

Mtn to Set aside the Verdict
and
Mtn for Judgment in Accordance with Mtn for Directed Verdict - condition? and timing?

Answer 9

Post-trial motion

Same thing, basically.
To make this motion, you HAVE to had made a Mtn for Directed Verdict or similar motion at trial. If you didn’t can’t make this motion after trial.

Timing - within 15 days of the return of the verdict OR discharge of the jury, if no verdict was reached

Question 10

Mtn for New Trial or Rehearing

Answer 10

May be granted to all or any parties on all or part of the issues litigated at trial.

Timing - within 15 days of verdict, or discharge of the jury if no verdict.
Post-trial motion

Question 11

Mtn for Relief from Judgment

Answer 11

An attempt to invoke the court’s jdx after the case is OVER.

A court may set aside judgment for:

1. clerical mistakes (can be made sua sponte)
2. other mistakes, and newly discovered evidence
3. judgment that is void, satisfied, released, or discharged

Question 12

Are courts more likely to grant a motion for additur (to increase the award) or a motion for remittur (to decrease the reward)?

Answer 12

Florida courts are more likely to grant a mtn for REMITTUR.

They hardly ever grant mtns for additur.

Question 13

If a judge finds out that the jurors decided the case by flipping a coin:

Answer 13

the judge MUST grant a new trial