Trial, Judgment, and Post-Trial Motions

Question 1

Jury Trial in GDC

Answer 1

There is no jury trial in GDC

Question 1

Jury Trial in Circuit Court

Answer 1

In circuit court, the jury trial is the same as in federal court, but it’s under state law, not the Seventh Amendment.

Question 2

Cases Involving Law and Equity

Answer 2

Issues of fact underlying the law causes of action are tried to the jury first.

the issues of fact underlying the equity causes are tried to the judge, and in ruling on these issues, the judge is bound by findings of fact made by the jury.

Question 3

Requirement of Jury Demand

Answer 3

A party must file a written demand for a jury trial no later than 10 days after service of the last pleading raising the jury-triable issue(s).

Question 4

Jury Size

Answer 4

If the case involves more than $25,000, there are 7 jurors.

If a case involves $25,000 or less, there are 5 jurors.
If the parties consent, a 3-person jury may be used.

Question 5

Voir Dire

Answer 5

Unlimited challenges for cause.
Ech side gets 3 peremptory challenges.

Question 6

Jury Instructions

Answer 6

The court reads the jury instructions to the jury. Objections are waived if not made before the jury is charged.

Question 7

Judicial Discretion in Trial: Jury to view Premises?

Answer 7

Yes, if necessary to a just adjudication

Question 8

Judicial Discretion in Trial: Pleadings in Jury Room?

Answer 8

No

Question 9

Judicial Discretion in Trial: Exhibits in Jury Room?

Answer 9

Yes, in court’s discretion

Question 10

Judicial Discretion in Trial: Sequestering Witnesses

Answer 10

The judge can grant a motion to sequester witnesses - order that witnesses are not allowed in the courtroom when other witnesses are testifying.

Question 11

Presentation of Evidence at Trial: GDC

Answer 11

In GDC, testimony is usually given orally.

Question 12

Medical Report in GDC

Answer 12

A written medical report by a treating healthcare provider may be admitted if written notice of intent to use the report is given to the other paty at least 10 days before trial.

Question 13

Hospital Records in GDC

Answer 13

Copies of hospital records may be admitted if they are accompanied by a sworn statement of the person who had custody of the records that the copies are true and accurate.

Question 14

Damage to Vehicle

Answer 14

In an action to recover damages to a motor vehicle in excess of $2,500 in circuit court or GDC, evidence as to such damages may be admitted by an itemized or appraisal of the person who repaired the vehicle.

In the estimate, the repair person must state under oath:
1. that he is a motor vehicle repair person qualified to determine the amount of damages
2. the length of time that he has done such work
3. the name and address of his employer

A copy of the estimate must be mailed or delivered to the adverse party at least 7 days before trial.

Question 15

Legal Causes of Action in Circuit Court

Answer 15

In legal causes of action in circuit court, the witnesses usually testify orally.
Deposition testimony can be used as in federal practice.

Question 16

Equitable Causes of Action in Circuit Court

Answer 16

In the trial equitable causes of action in circuit court, evidence is usually presented by deposition transcript, with no live testimony.
Evidence can be given orally, if the court orders so.

Question 17

Ore Tenus

Answer 17

Oral presentation of testimony.

Question 18

Motion to Strike the Evidence

Answer 18

A motion to strike the evidence is the functional equivalent of the motion for judgment as a matter of law (JMOL) in federal practice.

As in federal practice, the fact that the defendant moves at the close of the plaintiff’s case does not estop the defendant from introducing evidence.

The state judge who feels that the standard is satisfied
(1) grants motion to strike evidence and
(2) enters summary judgment

Question 19

Jury Unanimity

Answer 19

The verdict must be unanimous unless the parties stipulate otherwise.

If it’s a 3-person jury, all that is required is 2 votes for the verdict.

Question 20

Relief Recoverable

Answer 20

Plaintiff can only recover the amount sought.

The jury should reach the number as a group through deliberation.

Question 21

Judgment or Decree

Answer 21

A judgment or decree is the official announcement by the court of the decision of the case.
- legal causes of action, it’s called a judgment
- on equitable causes of action - it might be called a decree

Question 22

Post-Trial Motions: GDC

Answer 22

In GDC< a party seek a rehearing no later than 30 days after entry of judgment.

Court must rule on motion no later than 45 days of the entry of judgment (not of the motion)

Question 23

Post-Trial Motions: Circuit Court

Answer 23

Every final judgment or decree remains under the control of the court for 21 days after entry. This 21-day period is called in the breast of the court - if the court does not suspend, vacate, or modify a judgment or decree it loses jurisdiction even if there is a motion under advisement.

Question 24

Counting Time

Answer 24

Calendar days - if the 21st falls on a Saturday, Sunday, or holiday - the party may act on the NEXT business day

Question 25

Motion to Set Aside Verdict as Contrary to Evidence

Answer 25

A motion to set aside verdict as contrary to the evidence is the equivalent of the renewed motion for judgment as a matter of law (RJMOL) in federal practice. A difference from federal practice is that the party making the motion is not required to have moved to strike the evidence first.

Question 26

Motion for New Trial

Answer 26

A motion for new trial is the functional equivalent of the motion for new trial in federal practice. Promptly, unless the court suspends, vacates, or modifies the judgement, it loses jurisdiction after 21 days.

Question 27

Remittur

Answer 27

Accept a reduced award or a new trial.

1) Accept the remittur without protest.
2) Accept the remittur under protest and try to appeal the order to remit, OR
3) Reject the remittur and go through the new trial and, if still aggrieved, attempt to appeal on the ground that the grant of new trial was error.
- the person must make the exception to the order of new trial.

Question 28

Additur

Answer 28

Virginia also recognizes additur. If liability is clear but the verdict is so low that it shocks the conscience, the court can order a new trial, or instead, suggest additur.
- this means that the defendant must pay a higher amount or else submit to a new trial.

Question 29

Bill of Review

Answer 29

As to equity causes of action, a party can seek review of final decree for up to 6 months after entry.
With a bill of review, a party can file, without leave of court, to correct errors apparent on face of record. With leave of court, a party can file based on new evidence.