Trial, Judgment, and Post-Trial Motions

Question 1

Jury Trial

Answer 1

1. Right to jury trial in FEDERAL court (7th Amendment) - preserves the right to jury trial in civil court actions at law, but not in equity. If law AND equity, jury issue first (law)
2. MUST be requested within 14 days (in writing) after service of last pleading raising jury triable issue.
3. Voire Dire - No limit on “for cause” strike/3 peremptory strikes
4. Judgment as a Matter of Law (JMOL)

Question 2

Motion for Judgment as a Matter of Law

Answer 2

Takes away trial from jury
STANDARD: Reasonable people could not disagree on the result.

• The court views evidence in the light most favorable to the non-moving party.
• If you don’t move for JMOL at trial, you can’t move for RJMOL
• Plaintiff - can only bring motion at close of all evidence (1 chance)
• Defendant - can bring at close of PL’s evidence AND trial (2 chances)

Renewed JMOL - second chance for PL! Same standard. Must be filed within 28 days of entry for judgment.

Question 3

Motion for New Trial

Answer 3

Something happened where the judge thinks you should start over.

Limitless grounds: (Ex: prejudicial error (wrong jury instructions)

This is less drastic than RJMOL. New trial results in starting over!

Question 4

Motion to Set Aside Judgment

Answer 4

Grounds:

1. Clerical error - Raise Anytime
2. Mistake, excusable neglect - Reasonable Time (no more than 1 year)
3. New evidence that could not have been discovered with due diligence for a new trial motion - Reasonable time (no more than 1 year
4. Judgment is void (e.g. no SMJ) Reasonable Time (no maximum)

Timin

Question 5

Final Judgment Rule

Answer 5

Generally, there is a right to appeal only from final judgments.

*You file appeal (notice of appeal) in trial court within 30 days after entry of final judgment.

Question 6

Interlocutory Review

Answer 6

(Non-final review)
May be appealable even though not final judgments.

Example: Class action - Court of Appeals has discretion to review order granting or denying certification of class action. Must seek review at the Court of Appeals (not the trial court) within 14 days of order.

Question 7

Erie Doctrine

Answer 7

• Federal Court in diversity case must apply state substantive law (Doesn’t matter in FQ case obviously) Ask:
  1. Is there a federal law on point that conflicts w/ state law? If so apply federal law as long as valid (Supremacy Claue)
  2. If no federal law on point - must apply state law if issue is substantive: SC has said following our substantive:
• Elements of claim or defense
• SOL, Tolling
• Conflict of law rules