Trial and Post-Trial Motions

Question 1

Judgment As Matter of Law (JMOL)

Answer 1

A party can move for judgment as a matter of law any time before the case is submitted to the jury, but a court may not grant the motion until the party opposing the motion has been heard at trial on the issues. Judgment as a matter of law is allowable if party against whom judgment is sought has been fully heard and the party lacks sufficient evidence to prevail on issue necessary to claim or defense.

Question 2

Renewed JMOL

Answer 2

A renewed motion for judgment as a matter of law can be filed 28 days after the party has lost at trial only if the losing party properly moved for judgment as a matter of law at trial. The renewed motion must be based upon the same grounds as the motion for judgment as a matter of law. In ruling on the renewed motion, the court may allow the verdict to stand, enter the opposite verdict, or order a new trial even if a motion for a new trial has not been made.

Question 3

Motion for New Trial

Answer 3

A new trial can be granted on any non-harmless error that makes the judge think that there should be a new trial within 28 days after entry of judgment.

Question 4

Motion for Relief from Judgment

Answer 4

A motion for relief from judgment asks the court to undo the judgment or set aside the judgment. A motion for relief from judgment must be made within a reasonable time.

Question 5

Grounds for Motion to Set Aside

Answer 5

1. Mistake, inadvertence, or excusable neglect (1 year max.)
2. Newly discovered evidence (1 year max.)
3. Fraud, misrepresentation, or misconduct by party (1 year max.)
4. Judgment is void because there is a lack of SMJ or PJ (reasonable time)
5. Clerical error (any time)