Trial

Question 1

Judgment as a matter of law: jury trials

Answer 1

In a jury trial, a party may move for a judgment as a matter of law with regard to a defense as well as a claim.

A party may make such a motion once the opposing party has been fully heard on the issue.

A party must make the motion prior to the submission of the case to the jury.

Question 2

Judgment as a matter of law

Answer 2

A motion for judgment as a matter of law must:

(1) specify the judgment sought; and
(2) The law and facts that entitle the movant to the judgment.

Question 3

Special interrogatories: inconsistency with general verdict

Answer 3

When a jury is instructed to deliver both a general verdict and to answer special interrogatories, and the answers are consistent with each other but not with the general verdict, the court may:

(i) approve a judgment that is consistent with the answers, notwithstanding the general verdict;
(ii) direct the jury to reconsider its answers and verdict; or
(iii) order a new trial.

Question 4

Special interrogatories

Answer 4

Federal Rule of Civil Procedure 49 specifically permits the use of special interrogatories along with a general verdict.

Question 5

Jury instructions: timing

Answer 5

Although the court may require the parties to file jury instructions at the close of evidence or at any earlier reasonable time,

a party can file a request for jury instructions on issues that could not have reasonably been anticipated as of the earlier time set by the court for such requests.

Question 6

Failure to follow jury instructions

Answer 6

When a jury’s verdict does not properly follow the court’s instructions, the court may set aside the verdict and order the jury to resume deliberations—or, in its discretion, order a new trial.

The court must not have dismissed the jurors.

Question 7

Jury verdicts: unanimity

Answer 7

A verdict must be unanimous and must be returned by a jury of at least six members, unless the parties stipulate otherwise—i.e., a case may be tried and a verdict returned by less than a six-member jury if the parties so stipulate.

If polling reveals that the verdict was not unanimous, the court may order:

(a) a new trial; or
(b) order the jurors to deliberate further.

Question 8

Jury verdicts: impeachment

Answer 8

Any verdict is subject to impeachment by a juror prior to being excused by the court, even if the verdict has been announced in open court.

Question 9

Jury instructions

Answer 9

Before the parties’ closing arguments, the court must:

(1) inform the parties of the jury instructions it proposes to give; and
(2) provide the parties with the opportunity to object to such instructions on the record and out of the presence of the jury.

When a party has submitted proposed jury instructions, the court must also inform the party of the court’s actions with regard to such instructions.

Question 10

Form of verdict

Answer 10

The Civil Rules permit the use of three forms of a jury verdict:

• general,
• general with special interrogatories, and
• special.

The choice of which form of verdict the jury must return is left to the discretion of the court.

Unless the chosen form of verdict constitutes an abuse of discretion, a party’s challenge to the form selected by the court is unlikely to be successful.