Trial issues

Question 1

Rule 16(e)

Answer 1

Court may order attorneys to appear for one or more pretrial conferences for such purposes as, but not limited to:
i) expediting case,
ii) management,
iii) discouraging wasteful activities (wasteful discovery),
iv) improving quality of trial through thorough prep,
facilitating settlement

Question 2

Rule 16(b)(1)

Answer 2

1. judge must issue scheduling order
2. after receiving parties report under Rule 26(F); or
3. after a scheduling conference

Question 3

Rule 16(b)(2)

Answer 3

A Judge must issue the scheduling order within the earlier of 90 days after D served w/ complaint, or 60 days after any defendant has appeared

Question 4

Rule 50(a)(1)

Answer 4

1. If a party has been fully heard on an issue during jury trial AND the court finds a reasonable jury would not have legally sufficient evidentiary basis to find for party on that issue, the court may:
   i) resolve the issue against the party; AND
   grant a motion for JMOL (judgement as a matter of law) against the party.

Question 5

Rule 50 (a)(2)

Answer 5

1. A motion for JMOL may be made any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts entitling judgment
   i) MUST be done before close of case and submission to jury

Question 6

Rule 50(b)

Answer 6

No later than 28 days after the entry of judgment, movant may file renewed JMOL or request for new trial under Rule 59

Question 7

Assessing jurors

Answer 7

1. We aren’t going to look into the minds of juror’s to see their thought processes and try to make sure they understood the instructions.
2. Exceptions
   i) Prejudicial information improperly brought to jury’s attention
   ii) Outside influence has been brought to the jury’s attention.
   iii) Outside influence has been brought to bear on the jury.

Question 8

Rule 59

Answer 8

Motion for a new trial JNOV
2 reasons to grant a new trial
i) Flawed Procedures
A. Jury instructions
B. Admission of inadmissible evidence
C. Prejudicial statements made by counsel
D. Misbehaving jury member (testing it out at home)
ii) Flawed Verdicts
A. Verdict is not irrational, but is against the clear weight of the evidence, then judge can grant a new trial. Note for appeals: This is NOT a final judgment.
B. Have to watch out here – judge cannot substitute his judgment for the jury’s.
C. This is in the discretion of the trial court judge.

Question 9

Modifying the amount of the jury verdict

Answer 9

Remittitur
i) Jury verdict is too high, offers P a reduced amount of damages and if the P denies a new trial is needed
Addititur
ii) Unconstitutional according to SCOTUS (increasing the amount of damages)

Question 10

Motion for a conditional new trial

Answer 10

1. When the losing party moves for the JNOV they will also move for a new conditional trial
   i) Gran JNOV and Conditionally a new trial
   A. If reversed on appeal, the new trial will occur
   ii) Deny JNOV and the New Trial (this is a final judgement verdict)
   A. Appeals court will review and determine if the denial of the JNOV/trial was proper
   iii) Grant New Trial and deny JNOV
   A. This one can’t be appealed right away (no final judgment)

Question 11

General Rules for Post JMOL

Answer 11

After a jury comes back with a judgement completely against the weight of the evidence, always move for a renewed motion for JMOL and a new trial.