trial, judgment, and post trial motions

Question 1

demand for jury trial timing

Answer 1

must be made within 14 days of service of the last pleading raising a triable issue; otherwise, waived

Question 2

number of jurors

Answer 2

minimum of 6, maximum of 12

Question 3

jury instructions objections

Answer 3

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 4

judgment as a matter of law timing

Answer 4

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

Question 5

JMOL standard

Answer 5

court can grant JMOL on an issue if a reasonable jury would not have a sufficient evidentiary basis to disagree as to the result

Question 6

renewed motion for JMOL

Answer 6

after court enters judgment based on a jury verdict, losing party can file RJMOL for entry of judgment in his favor; can only be filed if JMOL was originally filed

Question 7

RJMOL timing

Answer 7

must be filed within 28 days after entry of judgment by losing party; can only be filed if JMOL was originally filed

Question 8

motion for new trial timing

Answer 8

either party may file if judgment was entered but serious errors occurred at trial; must be filed within 28 days after entry of judgment

Question 9

reasons for motion to set aside judgment or order

Answer 9

1) mistake, inadvertence, or excusable neglect
2 new evidence undiscoverable at time of trial
3) fraud, misrepresentation, or misconduct by opposing party
4) judgment is void
5) judgment has been satisfied or discharged
6) any other reason that justifies relief