Trial, Judgement, and Post Trial Motions CA Flashcards
Right to Jury Trial: Issues of fact relating to causes of action at law vs. equity
jury to determine issues of fact relating to causes of action at law, not equity.
If case involves both law and equity:
- Jury determines the facts on the law cause of action
- Judge determines the facts on the equity cause of action.
Unlike federal court, generally here the judge decides facts on equity cause of action first.
Equity Clean Up Doctrine
Fact Pattern: P’s complaint states an equity cause of action, such as an injunction against future trespass, and the complaint also seeks incidental damages for past trespass.
Federal court: There is a right to have a jury determine the facts relating to damages.
California state courts: there is no jury at all because damages are merely incidental to the equity cause of action.
- The center of gravity of the case is the equity cause of action.
Number of Jurors
State court: there are 12 jurors in civil cases unless the parties agree in open court to a lesser number.
If a juror is excused for illness or other reason, an alternate juror takes her place. If there is no alternate, trial continues unless a party objects.
Jury Reaching a Verdict
Federal court: the jury verdict must be unanimous unless the parties agree otherwise.
State court: 3/4th of the jury is required (9 of 12)
Motion for Directed Verdict and Motion for Nonsuit
“JMOL” in Federal court.
The standard is: reasonable people could not disagree as to the result.
Motion for Directed Verdict: Only at the close of all evidence.
Motion for Nonsuit: At the close of the plaintiff’s opening statement or at the close of the plaintiff’s evidence at trial
Motion for Judgment Notwithstanding the Verdict
Like Renewed Motion for Judgment as a Matter of Law (“RJMOL”) in Federal court.
The standard is the same as directed verdict: the jury reached a conclusion reasonable people could not have reached. (The same as in federal court.)
Moving party must file notice of intention to move either:
- Before entry of judgment OR
- The earlier of (1) 15 days of mailing or service of notice of entry of judgment or (2) 180 days after the actual entry of judgment.
Federal court: you must move for JMOL at trial to preserve your right to move for RJMOL after trial.
State court: The party moving for JNOV does not need to have moved for directed verdict at trial.
Motion for a New Trial
Basis: Something convinces the judge that the parties should retry the case: “the error complained of has resulted in a miscarriage of justice.”
Moving party must file notice of intention to move either:
- Before entry of judgment OR
- The earlier of (1) 15 days of mailing or service of notice of entry of judgment or (2) 180 days after the actual entry of judgment.
Motion to Set Aside Judgment
A party may move to set aside judgment because of “mistake, inadvertence, surprise, or excusable neglect.”
The motion must be made within reasonable time, not to exceed six months after entry of judgment.
The court MUST set aside the judgment if the party’s application is accompanied by a lawyer’s affidavit of her own mistake, inadvertence, or neglect.
A party can move to set aside judgment if service of process did not result in actual notice of the case to him.
Expedited Jury Trial
Limited civil cases: most are subject to “mandatory expedited trial.” Regular appeal rights apply.
Unlimited cases: the parties may agree to “voluntary expedited trial.” Here, the parties waive the right to appeal except in very limited circumstances.
8 jurors and 4 peremptory challenges per side in an expedited jury trial.
6/8 jurors are needed to reach a verdict.
Each side has up to five hours in which to complete voir dire and present its case.
