Trial, Judgment, and Post-Trial Motions Flashcards
At least 21 days before the court enters its scheduling order, the parties must…
meet and confer in a Rule 26(f) conference.
No later than 14 days after the Rule 26(f) conference, the parties must present to the court a…
discovery plan.
A discovery include must include party’s views and proposals on the…
- Timing;
- Issues coming up about discovery of ESI; and
- Any problems in retrieving ESI.
The only type of discovery allowed to be served before the Rule 26(f) conference is…
RPDs, but the deadline for responses will not begin to run until after the conference.
A scheduling order is a…
roadmap of the procedure of the matter until trial.
A court may hold pretrial conferences to…
oversee the progress of the case.
There will be a final pretrial conference to determine…
the issues to be tried and the evidence to be proferred at trial.
(roadmap for trial)
Juries determine…
the facts.
The 7th Amendment preserves the right to jury trial in federal court in…
civil actions at law.
(not in equity)
A mixed suit (law/equity) will be tried:
- First to the jury (facts underlying damages claim); and then
- Facts relating only to the equity claim are tried to the judge.
A jury must be demanded…
in writing, within 14 days after last pleading showing jury triable issue.
Generally, in federal court, each side is limited to ____ preemptory challenges.
3.
Preemptory challenges must be used in a…
race and gender neutral manner.
The jury size in federal court is…
minimum 6; maximum 12.
(unless parties agree otherwise)
In federal court all jurors…
must participate and decide unanimously.
Any objection to jury instructions must be raised…
before the jury is charged.
A general verdict states…
who wins and what the relief is.
A special verdict states…
in writing, specific written questions about the facts of the case, but does not state who wins or loses.
A combination general verdict with written questions…
gives the general verdict and also answers written questions that were submitted to it.
The verdict comes from…
the jury.
Entry of judgment comes from…
the court.
General verdicts are entered…
by the court.
Special verdicts are approved by…
the judge, and then entered by the clerk.
A jury verdict may be impeached based on…
external matters.
A judge at a bench trial must make record of her…
- Findings of fact; and
- Conclusions of law.
A motion for judgment as a matter of law (JMOL) is based on evidence…
Offered at trial.
The standard for entering a JMOL is that…
reasonable people could not disagree on the result.
The court views evidence for a JMOL in…
the light most favorable to the nonmoving party.
A party can move for JMOL after the other side…
has been heard at trial on that issue.
A renewed motion for judgment as a matter of law (RJMOL) can be brought…
within 28 days after entry of the final judgment on the matter.
To bring a motion for RJMOL, a party must have…
motioned for JMOL at trial on the same matter.
A motion for a new trial can be brought based on…
any nonharmless error that makes the judge consider a do-over.
E.g., discovery of new evidence; wrong jury instructions read; misconduct by parties.
Remittitur is a procedure under which the court may order the reduction of an excessive verdict when the damages…
shock the conscience.
In a remittitur procedure, the Plaintiff has the choice between:
- Remitting the damages; or
- A new trial.
The court may not order the Plaintiff to accept a new damages figure because…
it would violate the 7th Amendment.
Additur is not allowed in federal court because…
it would violate the 7th Amendment.
An offer of judgment is when…
a Defendant submits formal offers to the Plaintiff at least 14 days before trial.
The benefit of an offer for judgment is that the rule has a…
cost-shifting provision that will apply when the Plaintiff rejects an offer to settle and then does not receive the offer amount at trial.
Then, the Plaintiff is liable to the Defendant for her litigation costs incurred after the offer was made.
A motion to set aside judgment can be made when…
- There has been a clerical error;
- The judgment was based on mistake or excusable neglect; or
- The judgment is based on fraud, misrepresentation, or misconduct; OR
- Because of newly discovered evidence could not have been discovered with due diligence in time for a new trial (but existed at time of trial).
A motion to set aside judgment must be brought…
within a reasonable time, and never after more than a year.
