Trial Procedure Flashcards
Right to jury trial
7th amendment right to trial by jury depends on whether the issue is for damages (jury) or for equitable relief (no jury).
When issues overlap, try the legal issues before the equitable issues, no matter the order they arose in.
Demand for trial by jury
May be made by any party either in a pleading or separate motion.
Must be made no later than 14 days after service of the last pleading directed at the issue.
Jury selection
Minimum of 6 jurors, max of 12.
All must participate in verdict unless dismissed for good cause.
Each litigant gets 3 peremptory challenges (no need to explain or justify, but can’t be used for reasons of race/gender).
Jury instructions
A party may request instructions at the close of evidence.
Prior to final arguments, court must inform the parties of instructions it proposes to give the jury. Parties may object out of the jury’s hearing.
Use-it-or-lose-it on jury instructions
Unless a party objects to an erroneous instruction proposed by the court or to the court’s failure to give a requested instruction, the party cannot raise the matter on appeal.
Jury verdicts requirements
Unless stipulated by parties otherwise:
(1) Must be unanimous
(2) Must be returned by a jury of at least 6
Forms of jury verdicts
Special - written finding made by the jury on each issue, judge determines consequences of findings.
General - decision by the jury as to the prevailing party (+ damages if P is winner)
General with special interrogatories - couples general verdict with special verdict.
Juror misconduct
Concealing facts relating to his qualifications or giving false testimony during preliminary examination.
Party must show juror failed to answer honestly a material question + a proper response would have provided valid basis for a challenge for cause.
Other forms of juror misconduct
(1) Violating confidentiality of deliberations
(2) Being improperly influenced by non-jurors
(3) Investigating facts outside those presented at trial
Court may dismiss juror or order new trial.
When may a juror testify?
May testify about whether extraneous prejudicial info was improperly brought to the jury’s attention or whether any outside influence was improperly brought on a juror.
When can a court’s findings of fact be set aside on appeal?
Only if the court’s findings were clearly erroneous.
Consolidation of common questions of fact/law
Court may join any or all matters at issue, consolidate the actions, or issue any other orders to avoid unnecessary cost or delay.
Separate trials
Court may order a separate trial of one or more issues or claims for convenience, to avoid prejudice, or to expedite and economize.
Any federal right to a jury trial must be preserved.
Motion for judgment as a matter of law
“Directed verdict.” Challenges the sufficiency of the evidence in a civil jury trial.
Court must view evidence in light favorable to the opposing party.
Can be filed any time before the case is submitted to the jury.
Renewed motion for judgment as a matter of law
If court does not grant a judgment as a matter of law, movant can file a renewed motion no later than 28 days after entry of judgment (jury discharge if no verdict).
Court may: allow judgment on the verdict, order new trial, or direct the entry of judgment as a matter of law.
