Trial

Question 1

Summary Judgment

Answer 1

May be granted if from the pleadings, affidavits and discovery, it appears that no genuine dispute of material fact exists and that the moving party is entitled to judgment as a matter of law.

Timing: unless local rule or court order dictates otherwise, a party may file a motion for summary judgment anytime until 30 days after close of discovery.

If motion premature court may defer ruling.

Question 2

Judgment as a matter of law

Answer 2

JMOL allows judgment be granted for either party, if the court finds that a reasonable jury would not have a legally sufficient basis to find for the non-moving party.

Evidence must be viewed in the light most favorable to the non-moving party.

Prerequisite to making a renewed JMOL.

Question 3

renewed JMOL.

Answer 3

renewed JMOL May be filed no later than 28 days after entry of judgment.

Question 4

Motion for a new trial

Answer 4

Must be filed no later than 28 days after judgment. Court may grant if there was

1. An error during the trial
2. The verdict is against the weight of the evidence.
3. New evidence that could not have been gotten before with due diligence
4. Juror, party or attorney misconduct

If verdict excessive court may order new trial or offer remittitur which allows P to choose between higher award or new trial.