Trial and Post judgement motions Flashcards
There is only a right to jury trial
In Circuit courts where either party has an action of law
There is no right to jury trial
1) GDC; or
2) Equitable actions
How many jurors for a Personal Injury case more than 50,000
7
How many jurors for non personal injury cases more than 25k
7
How many jurors for a personal injury case more than 4,500 but less than 50k
5 (remember, if the case is less than 4,500 the Circuit court does not have jurisdiction and therefore no right to trial by jury)
How many jurors for a non personal injury case more than 4,500 but less than 50k
5
Each side has an unlimited number of strikes for
cause
Each side has ____ peremptory strikes
3
Peremptory strikes can be for anything but cannot be used to
Discriminate on the basis of race or gender
In order to preserve an objection to jury instructions, that party must
object to the proposed jury instructions before the case is submitted to the jury
In Deliberations, the jury may take jury instructions, exhibits upon request, and may even be allowed to view a specific place if the court allows it. However, the jury cannot take _____ into deliberations
Pleadings
Generally, special verdicts
simply declare the winner of the suit
Special verdicts
reveal the jury’s conclusion on various sub issues of the case
A motion to strike the evidence, is brought during trial, can be brought by either party and is similar to the federal motion
for judgment as a matter of law
What standard does the court apply when evaluating a motion to strike the evidence ?
A summary judgement standard- it will consider all evidence in the light most favorable to the non-movant and determine whether a reasonable jury could rule in the non-movant’s favor
A motion to set aside a default judgment must
made made after 21 days and will only be granted in limited circumstances
A motion to set aside the judgment as contrary to the evidence is made
Within 21 days after trial
A motion to set aside the judgement as contrary to the evidence is like a federal renewed motion for judgment as a matter of law except
A motion to strike does not have to be made at trial
A court will grant a motion to set aside the judgement as contrary to the evidence if
No reasonable juror could have reached the verdict in question
A motion for a new trial must be made within 21 days after trial and the court must
rule of the motion within 45 days of it being made
A motion for a new trial can be based on
1) Misconduct of parties, juror, witnesses, or some other party
2) legal error by the court
3) Evidence that was discovered after trial that could not be discovered before trial, that is not merely cumulative or corroborative; and is of sufficient power that it would have likely produced a new result
4) A damage award that shocks the conscience because its too small/big
A remittitur is
a reduction of an excessive amount of damages. The Plaintiff may accept the amount or demand a new trial
An additur is
an increase in an insufficient verdict, D may accept the new amount or demand a new trial
A relief from judgment must be filed within 2 years of the date of the judgment and the D must
show a fraud on the court, or that the judgement was void
