Trial Matters

Question 0

Special Verdict

Answer 0

A jury is asked to make a finding on all material conclusions of fact, and the court applies the law.

A party waives objection to the form of questions given to the jury if they do not object at the time the questions were given to the jury.

Question 1

Jury Trial

Answer 1

ALL parties must consent to motion to withdraw from a jury trial. However ANY party may file a demand for a jury.

Question 2

Summary Judgment

Answer 2

A motion of summary judgment should be granted when there is no general dispute of material fact.

Appropriate at any time until 30 days after the close of discovery.

Question 3

Default Judgment

Answer 3

From a judge (not a clerk). 
A defendant against whom a default is entered looses the right to contest liability unless the entry of default is set aside. However the amount of damages must still be determined before the default judgment may be entered. Defaulting party can be heard at the hearing for damages, thus he is entitled to notice of the default judgement hearing by first class mail at least 7 days prior to hearing, if that defaulting party appeared in the case in some fashion.

Question 4

FRCP 23(f) - Certification of a class action

Answer 4

When a district court issues the order granting or denying the certification of a class action, it can be appealed within 14 days of the entering of the order. Court of appeals has complete discretion on whether or not to hear the appeal.