Trial, Judgment, & Post-Trial Motions

Question 1

Voluntary dismissal, what it is? consequences?

Answer 1

P may voluntarily dismiss her case, either with or without court approval (i.e leave of court)

It finish the case

Question 2

Voluntary Dismissal without leave of court? Requirements?

Answer 2

Dismissal without leave of court - allowed before D serves an answer or motion for summary judgment (“MSJ”)

P voluntarily dismisses by filing written notice of dismissal or stipulation signed by all parties who have appeared

Dismissal is without prejudice, i.e., P can bring claims again (exceptions apply)

Question 3

When a voluntary dismissal with leave of court (court needs to accept leave) is required?

Answer 3

Dismissal with leave of court - required if there has been an answer, motion, or prior dismissal.

• Court has discretion to grant dismissal on terms and conditions it deems proper
• Dismissal is without prejudice unless court states otherwise
• Pending counterclaim requires are also D’s consent - if D has filed a counterclaim, P cannot voluntarily dismiss without D’s consent

Question 4

When a voluntary dismissal is without prejudice

Answer 4

General rule: always, Unless:

• Dismissal is with prejudice if P previously filed and dismissed the same claims
• Dismissal can also be with prejudice if it is a condition of parties’ settlement agreement
• When court states otherwise (when dismissal is made with leave from court)

Question 5

What is a Default Judgement?

Answer 5

Default judgment against D may be entered when D fails to plead or otherwise defend a properly served complaint

Question 6

Procedure to filing (Default judgment)

Answer 6

P files a motion for default judgment against D

• Clerks enter default on docket if P shows that D failed to respond within 21 days of being served (60 days if service waived)

Question 7

What are the effects of the clerk entering the default (Default judgment)

Answer 7

Default does not automatically entitle P to recovery; clerk or judge must enter judgment of default

This means that even when the D is on default, he can expose a good cause and no default judgement will be entered

Question 8

Requirements for a Default Judgement by a court clerk

Answer 8

May be entered if:

1. D has not responded at all (as soon as D answers, the judgment cannot be entered by clerk);
2. Claim is for money damages;
3. P gives an affidavit stating the sum owed; and
4. D is not a minor or incompetent

Question 9

Default Judgement by judge, when?

Answer 9

if elements for default judgment by clerk are not met, judge may still enter default
judgment
» Judge will hold hearing on provable damages

Question 10

What is the amount of a default judgment?

Answer 10

The amount of recovery is limited to the amount demanded in complaint

The amount that is given by P in the affidavit (entry by the clerk)

The judge will hold a hearing on provable damages

Question 11

Can a default judgment be set aside?

Answer 11

Yes, Court may set aside default judgment for good cause shown within one year

That means D can show some excusable neglect, mistake or fraud

Question 12

What is a failure to state a claim

Answer 12

it is a rule 12 defense, when D move to dismiss for failure of P to state a claim on the complaint

Question 13

What is a motion for judgment on the pleadings

Answer 13

It is a motion by D after he filed an answer, requiring judgment on all the pleadings until that moment.

Generally, a motion for judgment on the pleadings is like a mash up of a 12(b)6 (failure to state a claim) and rule 56 motion (Summary J). Defendants want to file this when it is clear from the pleadings that there is insufficient factual support, or just no redressability, for the causes of action asserted. However, if the factual support can be found outside the pleading, as suggested in Rule 12(d), the motion can be converted to a Rule 56 summary judgment by the court

Question 14

Similarity between: Failure to state a claim vs motion for judgment on the pleading

Answer 14

Similar: Happens when D moves to dismiss for failure to state a claim or move for judgment on the pleadings due to P’s failure to bring a plausible claim. D argues that even assuming all allegations in P’s complaint or pleadings are true, P cannot win. If granted, P will usually be given leave to amend her complaint

Question 15

Differences between: Failure to state a claim vs a motion for judgment on the pleading

Answer 15

• Timing of filing:
  
  • Before D files answer = Rule 12(b)(6) motion to dismiss
  • After D files answer = Rule 12(c) motion for judgment on the pleadings
• Materials reviewed by the court:
  
  • Rule 12(b)(6) - Court reviews sufficiency of P’s complaint alone
  • Rule 12(c) - Court reviews all pleadings

Question 16

Summary Judgment overview

Answer 16

A motion of either party asking the court to enter judgment without giving the case to the jury.

• The motion can be supported by affidavits, declarations (not hearsay), interrogatories and other materials in records
• Can be done in all civil actions
• Can it be parcial

Question 17

Motion for Summary Judgment, timing?

Answer 17

Must be filed no later than 30 days after close of discovery

Question 18

What a moving party (and a non-moving) must show in a MSJ?

Answer 18

Burden for moving party - must show that based on pleadings and evidence submitted:

1. There is no genuine dispute of material fact ( I.e., no reasonable person could find for nonmoving party); and
2. Moving party is entitled to judgment as a matter of law

Burden for non-moving party:

1. if party moves for summary judgment, burden shifts to non-moving party to show that a triable issue exists

Question 19

How is evidence examined in a MSJ?

Answer 19

Examined in the light most favorable to the non-moving party

• Court can look at the whole record of admissible evidence (e.g., affidavits, verified pleadings, discovery materials, etc.)
  
  • Evidence must be admissible to be considered

Question 20

Difference between:

• pre-answer motion to dismiss for failure to state a claim
• motion for judgement on the pleadings
• Motion for Summary judgment

Answer 20

A MSJ looks into the pleadings and the evidence shown in discovery - this distinguishes MSJ from Rule 12(b) (pre-answer motion to dismiss for failure to state a claim) or 12(c) motions (motion for judgement on the pleadings), in which court may only look at the complaint or pleadings

Question 21

Alternate Dispute Resolution (ADR)?

Answer 21

Means any of settling disputes outside the courtroom, including arbitration and mediation.

Fed court must have an ADR program, and the Federal Rules of CP actively enorugaes settlements.

Question 22

What is a mandatory settlement conference

Answer 22

A court-appointed advisor meets with parties privately and offers evaluation of the weakness of their respective cases

Question 23

Settlement offers. Timing? Consequence if failed?

Answer 23

Settlement offers - a party defending a claim may make a formal settlement offer at least 14 days before the date set for trial

• Settlement for less than offer - if claimant rejects settlement offer and obtains judgment less favorable than the unaccepted offer, the claimant must pay costs incurred by the offering party after the offer was made

Question 24

When do you have a right to a trial by jury,

Answer 24

The seventh amendment provides a right to a jury trial in all actions at law (7th amendment)

The Seventh Amendment provides the right to a jury trial in federal courts for the determination of facts in all suits at common law where the amount in controversy exceeds $20.

Question 25

Timing to demand a jury trial

Answer 25

The demand for jury trial must be made within 14 days of service of the last pleading raising a triable issue. Otherwise, the right to a jury trial is waived

Question 26

Number of jurors?

Answer 26

Number of jurors - a minimum of six jurors, maximum of 12

• » Six jurors must be unanimous to reach a verdict
• » No alternate jurors in fed. court

Question 27

Juror in cases involving law and equity claims

Answer 27

Right to jury trial exists on underlying claims at law, but not equitable claims

• Jury will decide underlying facts on claim at law first; equity claims left for judge to decide

Question 28

What is Voir Dire?

Answer 28

jury selection process occurring at beginning of trial

Question 29

Striking of Jurors, who? for what causes? how many each?

Answer 29

• Each party may strike jurors, either for cause or through peremptory challenges
• For-cause strikes - used to strike potential juror for cause
  
  • » E.g., bias, prejudice, relation to party
  • » Each side has unlimited for-cause strikes
• Peremptory strikes/challenges - can be used for any race-neutral and gender-neutral
  
  • » Each side has three to use during voir dire

Question 30

Jury Instructions?

Answer 30

• Filed by parties to be given to the jury during deliberation.
• Usually given at the close of evidence
• The court gives parties its proposed jury instructions before final arguments

Question 31

Objections to Jury instructions

Answer 31

Parties must have a reasonable opportunity to object before final arguments and before instructions are delivered to the jury

Question 32

Types of jury verdicts

Answer 32

Court decides verdict to be used

1. General verdict
2. Special verdict
3. General verdict with special interrogatories

Question 33

General verdicts (with interrogatories)

Answer 33

General verdict: the jury finds for the plaintiff or defendant and determines damages or relief. It is assumed that all essential issues were found in favor of the prevailing party.

General verdict with special interrogatories: The jury finds for the plaintiff or defendant, determines the damages or relief to be given, and answers specific questions of fact

• Purpose is to ensure jury properly considered important issues

Question 34

What is the opportunity to object a jury questions

Answer 34

Parties must object to proposed jury questions before jury deliberates

Question 35

Special verdicts (definition)

Answer 35

The jury receives a series of questions regarding each ultimate fact, then the court makes legal conclusions based on those facts (applies the law on those facts).

• Courts submit questions to jury regarding each ultimate fact and makes legal conclusions based on jury findings

Question 36

Judgment as a matter of law (aka Directed verdict)

Answer 36

The decision on the case is taken from the jury and given to a judge. When a judge finds that no reasonable jury would not find for the nonmoving party on the issue

Question 37

Timing of a Motion Judgment as a matter of law

Answer 37

If it’s made during the trial, once the nonmoving party have been heard and before the submission to the case to the jury, its a Motion for a Judgment as a Matter of Law.

D: Brings motion upon close of P’s evidence (non moving party have been heard)

P: Brings motion upon close of D’s evidence (since P always talks first, then the timing is at close of all evidence)

Question 38

Criteria to decide a Judgment as a matter of law

Answer 38

Court grants JMOL on an issue (partial judgment is possible) if a reasonable jury would not have a sufficient evidentiary basis to disagree as to the result (NO REASONABLE PEOPLE COULD NOT DISAGREE)

Courts will view the evidence in light most favorable to non-moving party

Question 39

Renewed Motion Judgment as a Matter of Law

Answer 39

Only when a Motion for Judgment as a Matter of Law have been filed, and the jury verdict has been delivered and the court has entered the judgment. The moving party of the RJMOL can file a motion for a Judgment as MOL.

Also named Judgement notwithstanding the verdict

Question 40

Timing to file a Renewed JMOL

Answer 40

28 days after the ENTRY OF THE JUDGMENT (NOT THE VERDICT)

Question 41

Criteria to decide a Renewed MJMOL

Answer 41

Court may grant RJMOL if reasonable people could not disagree that verdict was wrong.

Question 42

What happens if you don’t file a Renewed JMOL?

Answer 42

If party don’t file this motion it would be precluded from fighting these issues in appeal

Question 43

Motions for a New Trial (MFNT): What is? and when it must be filed

Answer 43

Either party may file a motion for a new trial if a judgment was entered but serious errors occurred at trial

Must be filed within 28 days after entry of judgment

Question 44

Grounds for MFNT (Motion for new trial)?

Answer 44

1. Prejudicial Error: Serious error that makes judgment unfair (judge misstates the law, gives wrong jury instructions)
2. Prejudicial misconduct: of a party, attorney, juror, etc. (e.g. Jury considers evidence excluded at trial)
3. Judgment against the weight of evidence: Jury erred in reaching verdict given the evidence before it
4. Newly discovered evidence
5. Excessive or inadequate damages (remittitur or additur option)

Question 45

Excessive or inadequate damages (Additur and Remittur) (Grounds for MFNT)

Answer 45

Additur: Court cannot increase jury award (violates 7th Amendment);

Remittitur: judge can order a new trial or offer. P a choice of taking a lesser figure set by the court

Question 46

Motion for new trial Vs. JMOL (matter of law) or RJMOL

Answer 46

In granting a new trial, court is not directing judgment, but rather saying the process should restart (i.e., there was some error necessitating a do-over)

Question 47

Motion to set aside judgment or order (MSAJ): Issues that support the motion and timing for filing.

Answer 47

Motion where the court relieves a party from judgment or order if issues occur:

1. Mistake, inadvertence or excusable neglect (1 year)
2. New evidence discovered after trial (1 year)
3. Fraud, misrepresentation (1 year)
4. Void judgment (reasonable time - anytime)
5. Judgment has been satisfied (reasonable time)
6. A reason exists that justifies relief (reasonable time)

Question 48

(MSAJ) issue: New evidence undiscoverable at the time of trial requirements?

Answer 48

1. Evidence that could not have been discovered with due diligence in time for a new motion
2. Motions may be brought anytime that is reasonable within one year of entry of judgment