Trial Flashcards
Pretrial procedures
require a judge to be involved in the matter before the case makes it into the court room for trial.
Notice for Trial
any party may serve notice that an action is ready for trial within 20 days after the last pleading, OR any time after motions directed to the pleading have been decided.
What happens after a notice for trial is served?
If the court finds the action is ready to be set for trial, it will enter an order fixing the date for trial.
The trial date must be set at least 30 days from service of the notice for trial.
Rule 16(b) Conference and Order (just read)
Regardless of whether the court orders this conference, Rule 16(b) requires the court to issue a scheduling order. The scheduling order will dictate the schedule upon which the litigation will progress (e.g., periods within which parties can be added, motions made, etc.) and specify particular rules pertaining to discovery (e.g., the scope of discovery on particular issues).
When must the scheduling order be issued?
The order must be issued within 90 days of when the defendant is served, or within 60 days of when the defendant appears, whichever is earlier.
PLEASE NOTE: This is updated rule. Deadline used to be within 120 days of when defendant served or within 90 days of appearance.
Trial by Jury
A demand for a jury trial must be requested in writing or it is waived.
When must a demand for jury trial be made?
The demand must be made no later than 10 days after the service of the last pleading
Can a jury trial be waived?
Once demanded, a jury trial may not be waived unless there is consent from the other party
After waiver of the right to a jury trial, a jury trial may be granted with the consent of the parties or after the court allows an amendment in the proceedings to demand a trial by jury or after the court, on its own motion, orders a trial by jury.
Jury Selection
The jury is composed of 6 persons in ALL civil actions.
Jury challenges
For cause – challenge where you believe the juror is not qualified (e.g. related to one of the parties or is biased, etc.)
Peremptory strike – each party gets 3; if multiple parties on one side, each party gets 3
if the number of parties on each side of the action are unequal, the side of the action will fewer parties will divide equally among them additional peremptory challenges so that the total number of peremptory challenges on each side of the dispute are equal.
What are the jurors allowed to do if selected?
The trial judge must allow jurors to take notes and submit questions to witnesses → counsel can object
Motion for Directed Verdict
Made at the end of Plaintiff’s case but before Defendant’s case
Same standard as a motion for summary judgment → Has the Plaintiff produced evidence sufficient for a reasonable jury to find in her favor?
Injunction
An injunction is an order to do something or not do something (pretrial or at conclusion of trial).
An injunction can also restrain the actions of nonparties acting in concert with the party against whom injunction is being sought.
Motion to Set Aside the Verdict and Motion for Judgment in Accordance with Motion for Directed Verdict.
Made at the conclusion of the trial, and must have made a directed verdict motion in order to make it.
The court may not entertain a motion to set aside the verdict unless that party made a motion for directed verdict or similar motion during trial.
Must be made within 15 days of return of verdict.
Motion for New Trial or Rehearing
A new trial may be granted to all or any of the parties on all or part of the issues litigated at trial.
Must be made within 15 days of the verdict
In the event a motion for rehearing is filed and the party then files a notice of appeal, the appeal constitutes an abandonment of the motion for rehearing and gives the appellate court jurisdiction over the matter.
