Trial and Post-Judgment Motions Flashcards
Jury Trials
When do parties have a right to jury trial versus when they do not?
- either party has a right in an action in law.
- No right in GDC or in equitable actions
jury trials
When must a party assert the right to jury trial?
- P can demand in the complaint
- any party can demand after the commencement of the action, but no later than 10 days after service of the last pleading (answer usually)
- Even if neither party demands jury trial, the court may decide on its own to have a jury trial
Empaneling a Jury
There are diffierent sizes for juries based on the case. What are the requirments for each size?
7 Persons: Personal injury case that involves more than 50K and 25K for non-personal injury cases (remember that jurisdictional requirements still exist)
5 persons: Personal injury (50K or less) and Non-personal injury (25K) or less.
If parties agree, jury of 3 persons is permissible.
Empaneling a Jury
How many potential jurors can be excluded for cause?
Unlimited
What are three commonly tested scenarios to strike for cause?
When a potential juror is related to a party, has any interest in the case being tried, or has expressed an opinion or bias in the matter, he can be stricken from the panel for cause.
It is reversible error for a court to force a party to use one of their peremptory strikes when the juror should be stricken for cause. MUST strike for cause. Though the error must be objected to to be preserved for appeal .
Empaneling a Jury
How many potential jurors may be peremptorily struck?
Each side has 3 peremptory strikes. They cannot use them to discriminate on the basis of race or gender.
Jury Instructions
Before deliberation, the court will instruct the jury on the law. When must parties object to preserve for appeal?
before the case is submitted to the jury.
Jury instructions
Can a judge share their personal opinions on the case?
No
Jury deliberation
What can the jury take into the deliberation room with them?
Jury instructions. They cannot take any pleadings.
Exhibits may be taken into the jury room upon request
if jury needs to view a specific place or premises, the court may allow it.
Verdicts are typically general verdicts. What’s the difference between general and special?
- General: simply declare the winner of the suit
- Special: reveals jury’s conclusion on various sub-issues in case
Motion to Strike Evidence
What is a Motion to Strike Evidence?
- Functionally equivalent to federal motion for judgment as a matter of law
- Made at trial and based on the actual evidence presented
Motion to Strike Evidence
When must a Motion to Strike Evidence be brought?
Either party can move to strike the evidence after the conclusion of all the evidence.
Most commonly, D will move immediately after P has presented her evidence.
Motion to Strike Evidence
What is the standard for ruling on a Motion to Strike Evidence?
Court applies the MSJ standard. Court will consider all the evidence presented in a light most favorable to the non-movant (genuine dispute) and determine whether a reasonably jury could rule in non-movant’s favor (as a matter of law).
Post-Judgment Relief
The court retains the power to ________, ____________, or __________, judgment for ________ days
- reconsider, modify, or vacate judgment
- 21 days
Post-Judgment Relief: Relief Sought Within 21 Days
When will a court grant a motion to set aside a default judgment?
- When justice requires within 21 days
- after experations of 21 days, may overturn DF only in limited circumstances.
Post-Judgment Relief: Relief Sought Within 21 Days
Motion to set aside judgment will be granted…
only if no reasonable jury could have reached the verdict in question.
Similar to federal renewed judgment as a mater of law, except that movant need not have made a motion to strike evidence at trial.
Post-Judgment Relief: Relief Sought Within 21 Days; M. for New Trial
How many basis are there for a Motion for New Trial?
3
Post-Judgment Relief: Relief Sought Within 21 Days; M. for New Trial
Motion for new trial may be granted due to misconduct of…
parties, judge, juror, witness or some other party that tainted the results
Post-Judgment Relief: Motion for New Trial
Motion may be based on ________ error by the ________________
- legal
- court
Post-Judgment Relief: Motion for New Trial
Motion may be based on Newly discovered evidence that: (3)
- was discovered after trial and could not have been reasonably discovered before trial
- Is not merely cumulative or corroborative; and
- Is of sufficient power that it would have likely produced and opposite result
Post-Judgment Relief: Motion for New Trial
Motion may be based on a damage award that ….
shocks the conscience
Post-Judgment Relief: Motion for New Trial
- What are Remittitur
- What is additur
These are granted once the court finds that a damage award shocks the conscience in response to a Motion for New trial
- Reduction of excessive verdict. P may accept new amount or demand new trial
- Increase of insufficient verdict; D may accept new amount or demand new trial
Post-Judgment Relief: Relief Sought Beyond 21 Days
For relief from default judgment D must show…, and when must it be brought?
- fraud on the court; or
- that the judgment is void
- Must be brought within 2 years of the date of judgment
Post-Judgment Relief: Relief Sought Beyond 21 Days
If a judgment contains a typographical error, the court can fix this error…
Outside the 21-day post-judgment window
