Trial, Judgment, and Post-Trial Motions Flashcards
When can a court suspend, vacate, or modify its judgment or decree in the Circuit Court?
What happens after that?
During the 21-day period, which is “in the breast of the court”
Afterwards, the court loses jurisdiction, even if a motion is under advisement
Exception: Can vacate default judgment or decree on the ground of fraud for up to two years after entry.
In a court of equity, what is oral testimony called?
Ore tenus
When is there a jury trial in Circuit Court?
Same as in federal court, but based on state law and not the 7th amendment
But must be at law, not equity
When can you move for a new trial?
What are the grounds for doing so?
While the case is still in the breast of the court (i.e., 21 days)
Grounds:
- Prejudicial error or misconduct by court
- Misconduct of party, attorney, juror, or third party
- New evidence
- must show that failure to have evidence before was not due to your lack of dilligence
- Unfair surprise
- Excessive of inadequate damages
What are a party’s options if a judge orders remittitur?
- Accept remittitur
- Accept remittitur under protest and appeal remittitur
- Reject remittitur and go through new trial
- If still aggrieved, appeal on basis that granting new trial was error, but only if:
- Made exception to order of new trial on the record
- If still aggrieved, appeal on basis that granting new trial was error, but only if:
What is the size of the jury in Virginia?
Case involves less than $25,000
- 7 jurors
Case involves $25,000 or more
- 5 jurors
Parties consent
- 3 jurors
How many jurors have to agree in order to get a verdict?
It must be unanimous, unless:
- Parties agree otherwise
- It is a three person jury (in which case 2 votes is fine)
What is the equivalent of the RJMOL in Virginia?
What is the difference?
Motion to set aside verdict as contrary to evidence
The party does not have to have moved to strike the evidence first (different from Federal court)
What is the motion to strike the evidence?
Functional equivalent of a JMOL, except:
the state judge who feels that the standard is met grants the motion to strike the evidence and enters summary judgement.
What is the procedure for jury selection?
7 or 5 person jury
- Begins with number of jurors to be selected plus 6
- After voire dire, parties exercise strikes for favor
- If one is stricken, another is brought on
- Each side uses their 3 preemptory challenges
3 person jury
- Each side chooses one
- The two jurors choose the third
What is a quotient verdict?
Is it allowed?
Each juror sets his own damages and then they divide by the number of jurors
It is improper because they have to reach a number as a group
When can a party seek a rehearing in GDC?
No later than 30 days after judgment, and court must rule no later than 45 days after judgment
How is a Commissioner used in equity cases?
The Commissioner assists the judge in deciding the case
- The Commissioner can subpoena witnesses and take testimony.
- She makes a record of evidence she finds inadmissible.
- She files her report with the clerk of the Circuit Court and notifies the counsel of record of that fact
The judge sends matters to the Commissioner by a decree of reference, telling him what to do
Commissioners can only be used if either:
- All parties agree
- Court finds good cause
What is the official announcement by the court of the decision in the case:
- On legal causes of action
- On equitable causes of action
Legal - judgment
Equitable - decree
In Virginia, what is different about impeaching a verdict for impropriety by a juror?
In Federal court you can’t really ask jurors about anything
In Virginia, you can ask jurors about misconduct but not about their subjective deliberations process
When does a party have to demand a jury?
If a party doesn’t do so, what happens?
Within 10 days after service of last pleading raising jury-triable issues
If not demanded, bench trial (unless judge orders jury)
