Trial Flashcards
38
Right to a jury trial; Demand
38(b)
(b) any issue triable of right by a just, a party may demand a jury trial by:
(1) serving the other parties with a written demand no later than 14 days after last pleading
(2) rule 5(d)
38(d)
a party waives a jury trial unless its demand is properly served and filed
39
trial by jury or by the court
40
scheduling cases for trial
41
dismissal of actions
41(a)
Voluntary Dismissal; Effect
(1) by plaintiff - file a notice of dismissal before the opposing party serves either an answer or motion for summary judgment, or a stipulation of dismissal signed by all parties who have appeared.
(2) by court order
41(b)
Involuntary Dismissal; Effect
a defendant may move to dismiss action or any claim against it - if granted, operates as an adjudication on the merits (gives preclusion as an affirmative defense). unless it is a dismissal is for lack of jurisdiction, improper venue, or failure to join a party under 19.
41(c)
dismissal of a counterclaim
42(a)
consolidation
(a) consolidation: if actions before the court involve a common question of law or fact, the court may join all matters at issue, consolidate the actions or issue any other orders to avoid unnecessary cost or delay
42(b)
separate trials (b)for convenience, to avoid prejudice, or to expedite and economize, court may order a separate trial of one or more issues, claims, crossclaims, counterclaims, or third-party claim.
43
Taking Testimony
(a) witnesses’ testimony must be taken in open court
44
Proving an official record
44.1
Determing foreign law
45
Subpeona
46
Objecting to a Ruling or Order
a formal exception is unnecessary. when requested, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection
47
Selecting Jurors
47(a)
courts may permit the parties or their attorneys to examine prospective jurors
47(b)
Peremptory challenges;
courts must allow the number of challenges provided by 28 USC 1870
47(c)
Excusing a juror
May excuse juror for good cause
48
(a) Number of jurors; begin with at least 6 and no more than 12
(b) verdict; verdict must be unanimous unless stipulated otherwise
(C) polling; court can poll jurors individually after a verdict and before discharged
49
special verdict; general verdict with answers to written questions
50(a)
Judgment as a matter of law
50(b)
Renewing the motion after trial; alternative motion for a new trial
50(c)
Granting the renewed motion; conditional ruling on am motion for a new trial
50(d)
time for a losing party’s new-trial motion
50(e)
denying the motion for judgment as a matter of law; reversal on appeal
51
instructions to the jury; objections; preserving a claim of error
52
findings and conclusions by the court; judgment on partial findings
53
Masters
