Trial Procedure Flashcards
In considering a motion for judgment as a matter of law, the court must view the evidence…
…in the light most favorable to the opposing party and draw all reasonable inferences from the evidence in favor of the opposing party.
It may not consider the credibility of witnesses or evaluate the weight of the evidence. A determination of the credibility of witnesses and the weight given to evidence must be made by the jury.
When may the court grant a JMOL?
Under Rule 50(a), once a party has been fully heard on an issue at a jury trial, the court may grant a motion for judgment as a matter of law resolving the issue against a party, if the court finds that there is insufficient evidence for a jury to reasonably find for that party. In this case, the parties had only delivered their opening arguments.
Can a party move for a JMOL with re to a defense and a claim?
YES. In a jury trial, a party may move for a judgment as a matter of law with regard to a defense as well as a claim. A party may make such a motion once the opposing party has been fully heard on the issue.
can the court consider the credibility of witnesses or evaluate the weight of the evidence in a JMOL?
NO. It may not consider the credibility of witnesses or evaluate the weight of the evidence.
A determination of the credibility of witnesses and the weight given to evidence must be made by the jury.
Can a party who has not submitted a prior JMOL submit one after the jury as rendered its verdict?
NO. A party who has not submitted a prior motion for judgment as a matter of law may not submit such a motion after the jury has rendered its verdict. After the jury has rendered its verdict, a party may only renew a motion for judgment as a matter of law that it has previously made.
What does a party need to demonstrate to get a new trial based on juror’s answer to a voir dire question?
To obtain a new trial, a party must demonstrate that a juror failed to answer honestly a material question on voir dire, and show that a proper response would have provided a valid basis for a challenge for cause.
What may a court do when the jury’s general verdict answers and the special interrogatory answers are not consistent with each other?
When a jury is instructed to deliver both a general verdict and to answer special interrogatories, and the answers are consistent with each other but not with the general verdict, the court may (i) approve a judgment that is consistent with the answers, notwithstanding the general verdict, (ii) direct the jury to reconsider its answers and verdict, or (iii) order a new trial.
Must a civil jury verdict be unanimous?
YES. Under the federal rules, the verdict of a civil jury must be unanimous unless the parties otherwise agree.
(Here, one juror, when questioned individually, denied that the special verdict was her verdict. Consequently, the court may order a new trial.)
How many jurors must there be to render a verdict?
Under the Federal Rules of Civil Procedure, a verdict must be unanimous and must be returned by a jury of at least six members, unless the parties stipulate otherwise.
