Trial - Motions for New Trial and Relief from Judgment

Question 1

What rules?

Answer 1

59

60

Question 2

What is the timing for motion for new trial? What rule?

Answer 2

1. Motion made no later than 28 days after entry of judgment

2. Court may order new trial sua sponte within 28 days

Question 3

What may be joined with motion for new trial?

Answer 3

Renewed JMOL by R.50(b) may be included/alternative request

Question 4

What is the standard for review for motion for new trial?

Answer 4

For any reason for which a new trial has heretofore been granted

Question 5

What are some other common standards for granting a new trial?

Answer 5

1. Verdict is clearly erroneous
2. Verdict would result in manifest injustice
3. Definite and firm conviction of error

Question 6

Process error

Answer 6

Trial tainted by some procedural error making verdict unfair/unreliable

Question 7

How do you determine whether process errors are valid ground for new trial (3-part test)?

Answer 7

1. Did an error occur?
2. Did error to a probable or substantial degree affect right to fair trial or jury verdict?
3. Did affected party make timely and specific objections?

Question 8

What are three common grounds for new trial?

Answer 8

1. Verdict against manifest weight of evidence
2. Process errors
3. New evidence discovered after the verdict

Question 9

What is the timing for relief from judgment? What rule?

Answer 9

1. For reasonable time
2. For reasons of mistake, newly discovered evidence, or fraud = no more than 1 year

R.60

Question 10

How is relief from judgment construed?

Answer 10

Very narrowly

Question 11

What are listed reasons for relief from judgment?

Answer 11

1. Mistake, inadvertence, surprise, excusable neglect
2. Newly discovered evidence
3. Fraud, misrepresentation, misconduct
4. Void judgment
5. Satisfied, released, or discharged judgment
6. Any other reason that justifies relief