Trial Procedure

Question 1

When is there a right to a jury trial?

Answer 1

• Issues of law (damages)
• 7th Amendment
• If both law and equity issues, try the legal issues first.

Question 2

When must a demand for a jury trial be made?

Answer 2

No later than 14 days after service of last pleading.

Question 3

What is the rules for jury selection?

Answer 3

Minimum: 6
Maximum: 12

Dismissal is allowed for good-cause.

Each litigant gets 3 peremptory challenges, but cannot be used based on race or gender.
- party can give non race/gender- based reason, but plaintiff can still argue it is pretext.

Question 4

What are the rules for jury instructions?

Answer 4

Parties may request specific instructions.

Judge must first inform parties of actions on those requests.

Opportunity to reject before jury retires to deliberate.

Question 5

What is JMOL?

Answer 5

Motion for summary judgement after trial has begun.

View evidence in light most favorable to other party, the evidence cannot support verdict.

Question 6

What is a renewed JMOL?

Answer 6

Made at close of all evidence, was rejected, then can do another after jury returns verdict.

Question 7

Must jury verdicts be unanimous?

Answer 7

Yes.

Must be returned by at least 6 jurors.