Trial/Judgement/Post Trial Motions

Question 1

Right to Jury Trial

Answer 1

7th Amend. provides the right to a jury trial in civil actions at law, but not at equity (i.e., not where equitable relief sought)

Demand for jury trial—may be included in any pleading
> Deadline—must be made within 14 days of service of the last pleading raising a triable issue; otherwise, waived

Number of jurors—minimum of 6 jurors, maximum of 12

Verdict—unless the parties stipulate otherwise, the verdict must be returned by at least 6 members of the jury and be unanimous

Cases involving law and equity claims—jury will decide underlying facts on claim at law first; equity claims left for judge to decide

Voir dire—jury selection process; each party may strike jurors, either for cause or through peremptory challenges

For-cause strikes—used to strike potential juror for cause
> E.g., bias, prejudice, relation to party
> Each side has unlimited for-cause strikes
> Peremptory strikes/challenges—each side has 3, which can be used for any race-neutral and gender-neutral purpose

Question 2

Jury Instructions

Answer 2

Parties may file requested jury instructions to be given to the jury during deliberations

Usually given to jury at close of evidence

Proposed instructions—court gives parties its proposed jury instructions before final arguments

Objections—parties must have an opportunity to object before final arguments and before instructions are given to the jury
- Failure to object waives the issue for appeal except for plain error that affects a substantial right

Question 3

Jury Verdicts

Answer 3

1) General verdicts—jury finds for P or D and decides amount of damages or relief due

2) Special verdicts—jury asked to make factual findings; court applies the law to those facts
> Court submits questions to jury regarding each ultimate fact and makes legal conclusions based on jury findings
> Parties must object to proposed jury questions before jury deliberates

3) General verdict with interrogatories—court can require a general verdict and ask jury to answer specific questions concerning ultimate facts
> Purpose is to ensure jury properly considered important issues

Question 4

JMOL and RJMOL

Answer 4

In extraordinary circumstances, a judge can take a case from the jury and render a decision on an issue

Can occur during trial (JMOL) or after jury verdict (RJMOL)
Court views evidence in light most favorable to non-moving party

JMOL
> Motion brought by either party before case submitted to jury
> D can bring motion upon close of P’s evidence or all evidence; P can file at close of all evidence
> Standard—court can grant JMOL on an issue if a reasonable jury would not have a sufficient evidentiary basis to disagree as to the result (i.e., reasonable people could not disagree)

RJMOL
> After court enters judgment based on jury verdict, losing party can file RJMOL for entry of judgment in his favor
> Must be filed within 28 days after entry of judgment
> Can only be filed if JMOL was originally filed
> Standard—same standard as for JMOL (i.e., court can grant RJMOL if there is insufficient evidence for a reasonable jury to have reached the verdict)

Question 5

Motion for New Trial

Answer 5

Either party may file a motion for a new trial if judgment was entered but serious errors occurred at trial

Must be filed within 28 days after entry of judgment

Grounds for new trial — unlimited, but potential errors include:
a) Prejudicial error — serious error that makes judgment unfair
> E.g., judge misstates law, gives wrong jury instructions

b) Prejudicial misconduct — of a party, attorney, juror, etc.
E.g., jury considers evidence excluded at trial

c) Judgment against weight of evidence — jury erred in reaching verdict given the evidence before it

d) Newly discovered evidence

e) Excessive or inadequate damages — court cannot increase jury award (violates 7th Amend.); judge can order a new trial or offer remittitur if convinced the award is too high

f) Remittitur — court can order a new trial or offer P a choice of taking a lesser figure set by the court
- Majority standard (fed and most states) — the jury’s award shocks the conscience; diversity cases must use state standard

Question 6

Motion to Set Aside Judgement or Order

Answer 6

A court may relieve a party from judgment or a court order if any of the following issues arise:

1) Mistake, inadvertence, or excusable neglect
> E.g., Relief from default judgment that entered against defendant who did not receive actual notice

2) New evidence undiscoverable at time of trial
> Evidence existed at time of trial and moving party made diligent efforts to discover it
> Evidence would likely have changed the result

3) Fraud, misrepresentation, or misconduct by opposing party
> The fraud must be established by clear and convincing evidence, and must have prevented the party from fully and fairly presenting her case

4) Judgment is void
> E.g., Relief from a judgment rendered by a court that lacked subject matter jurisdiction. A judgment is not void merely because it is erroneous

5) Judgment has been satisfied or discharged
> Includes judgments based on an earlier judgment that was later reversed or vacated

6) Any other reason that justifies relief
> Catchall used in extraordinary circumstances

For 1–3, motion may be brought any reasonable time within one year of entry of judgment; for 4–6, motion must be brought within a reasonable time