Trial, Judgment, & Post Trial Motions Flashcards
1
Q
JMOL is granted if _______
A
no reasonable jury will disagree with the result.
2
Q
Who can file a JMOL and when?
A
Either party can file a JMOL and it must be done before the case is submitted to the jury.
P: May file after the close of all evidence.
D: may file after close of all evidence OR just the close of P’s evidence.
3
Q
Renewed Judgment as a Matter of Law
A
Reserved for a losing party and they can file it to basically say the court should enter a judgment in their favor.
4
Q
Limitations on RJMOL
A
- Can be filed if there was an original JMOL filed prior
- Can be filed 28 days after entry of final judgment.
5
Q
Motion for New Trial
A
Either party can file it if there were serious errors that occurred at trial.
May be filed 28 days after entry of judgment.
6
Q
[Some] Grounds for New Trial
A
- Prejudicial Errors
- Prejudicial Misconduct
- Newly discovered evidence
- Judgment against the wait of the evidence
- Prejudicial misconduct
