trial and post verdict Flashcards
when is jury trial available?
only in circuit court for any action AT LAW
so when is jury trial not available?
less than 20 bucks
equitable actions
when to demand for jury trial
P in complaint
any party no later than 10 days after last pleading
jury size
Claims w/ jurisdictional limit of CC = 7
claims w/ J limit of GDC = 5
jury verdict
must be unanimous unless parties agree otherwise
can parties agree to a lower amt of jurors?
yes
no lower than 3
when are jury instructions given
before closing argument
before deliberation
party must object before it goes to jury to save for appeal
no opinion on instructions by judge
what cant the jury take back for deliberations?
pleadings
what is voir dire
right to examine prospective jurors under oath
motion to strike EV
just like JMOL
if EV insufficient to support verdict for opposing party
what are the two post verdict motions
motion to set aside verdict as contrary to EV
motion for new trial
motion to set aside verdict as contrary to EV
no reasonable jury could find in favor of D
in VA, dont have to make motion to strike EV first
motion for new trial timing
w/n 30 days after entry of final judgment
court holds hearing and decides w/n 45 days
grounds for motion for new trial
fraud on court
new EV
amt of damages shocks conscious
what can the parties do if the jury modifies the damages?
accept terms
reject and go to new trial
object and appeal
