Trial Procedure

Question 1

What is the right to jury trial?

Is there a moment where federal courts can determine whether you get a jury trial (it’s no longer a right)?

Answer 1

Action at law tried on demand to a jury.

But for state-law claims in diversity actions, federal law will determine whether there is a right to a jury trial.

Question 2

When is a right to a jury trial a right in civil cases?

When is it not a right in civil cases?

Answer 2

A right when
-> Legal claim – seeks monetary remedy to compensate for loss (eg, tort/contract damages)
AND
-> $20 in controversy

Not a right when
-> Equitable claim – seeks nonmonetary remedy (eg, injunction, specific performance) since legal remedy is inadequate
OR
-> less than $20 in controversy

Question 3

When must a jury demand be done?

Answer 3

Must be served within 14 days after service of the last pleading directed to the issue that is to be tried by jury

AND

filing the jury trial demand with the court within a reasonable time after service of the demand.

Question 4

What can a party specify in the jury demand? What happens if they fail to specify such a thing?

Answer 4

A party may specify the issues for which a jury trial is demanded (otherwise, the demand is treated as requesting a jury trial for all issues triable by a jury).

Question 5

What is an advisory jury? Are their decisions binding?

Answer 5

Court has discretion to authorize an advisory jury to issue non-binding findings on any issues of fact, and may either adopt or disregard the advisory jury’s findings.

Question 6

Who must consent to a withdrawal of a jury trial demand?

Answer 6

A party may withdraw a jury trial demand with the consent of the other parties.

Question 7

What happens to a jury demand after the case has been removed from state court?

Answer 7

A party who has made a jury trial demand in accord with state law need not renew the demand.

If state law does not require a party to make a jury trial demand, a party need not make one after removal (unless the court order the parties to do so).

Question 8

What is the size of the jury?

Must a juror participate in the verdict?

Answer 8

At least 6 and no more than 12 people.

Once selected, a juror must participate in the verdict unless dismissed for good cause.

No provisions for alternate jurors.

Question 9

How does jury selection work?

Answer 9

Peremptory challenges may not be made for racial or gender-based reasons.

Court will allow three peremptory challenges in civil cases for each party, BUT an unlimited number of challenges are permitted for cause (e.g. bias or personal relationship to a litigant).

Question 10

Can a court overrule a party’s move to remove a jury for cause?

Answer 10

Yes the court can ask the jury member if they are able to be an impartial jury, if the say “yes” and the court believes them then the challenge for cause is overruled.

However, the jury can still be removed via a peremptory challenge.

Question 11

When can a party request specific jury instructions?

If no one requests specific instructions, what does the court have to do? And when should it do it?

Answer 11

A party may request the court to give specific instructions at the close of evidence (or earlier if ordered by the court).

Prior to final arguments, the court must inform the parties of any instructions it proposes to give to the jury; the parties may object to the court’s proposed instructions on the record and out of the jury’s hearing.

Question 12

What must a party do if they want to challenge a jury instruction on appeal?

When is an objection considered to be timely?

Answer 12

To challenge a jury instruction on appeal, a party must preserve the issue at trial by timely objecting to the instruction on the record and stating the grounds for the objection.

An objection is timely if it is made promptly after learning that a jury instruction has been or will be given OR that a request for a jury instruction has been refused.

Question 13

When can a party no longer raise the matter of a wrong jury instruction on appeal?

Answer 13

UNLESS a party objects on the record to an erroneous instruction given or proposed to be given by the court or to the court’s failure to give an instruction requested by a party, the party generally cannot raise the matter on appeal.

Question 14

What are the two requirements for a jury verdict?

Can the parties stipulate otherwise?

Answer 14

Requirements:
-> The verdict must be unanimous.
-> The verdict must be returned by a jury of at least six jurors.

Yes they can.

Question 15

How can you determine that a verdict was unanimous?

What happens if it is revealed that the verdict was not unanimous?

Answer 15

To determine whether a verdict is unanimous, the court may poll the jurors individually after a verdict is returned but before the jury is discharged. This must be done upon a party’s request, or the court may do so on its own initiative (i.e., sua sponte).

If the poll reveals that the verdict is not unanimous, the court can either order a new trial OR direct the jury to deliberate further.

Question 16

What are the three forms a verdict can be in?

Answer 16

Special verdict
-> written finding madly the jury on each issue of ultimate fact; judge determines the legal consequences of those findings

General verdict
-> typically a decision by the jury as to the prevailing party and, if the plaintiff is the prevailing party, the amount of damages

General verdict with special interrogatories
-> Couples a general verdict with a special verdict; used to ensure that the jury independently considered the material facts of the case in arriving at its verdict

Question 17

What can the judge do if the jury is given a general verdict with special interrogatories, but the jury’s answers are inconsistent with the general verdict?

Answer 17

The judge must:
-> order a new trial
-> direct the jury to further consider its answers and verdict
OR
-> disregard the jury’s verdict and enter a judgment consistent with the answers provided.

Question 18

How does jury misconduct take place during jury selection?

What must a party prove?

Answer 18

During jury selection when juror conceals facts relating to his qualifications or giving false testimony during void dire

Party must show that the juror failed to answer honestly a material question and that a proper response would have provided a valid basis for a challenge for cause

Question 19

What are other forms of juror misconduct?

What is the result of these other forms of juror misconduct?

Answer 19

Types of other forms of juror misconduct:
-> Violating the confidentiality of deliberations
-> Being improperly influenced by non-jurors
OR
-> Investigating facts outside of those presented at trial

Results:
-> court may dismiss juror or order a new trial

Question 20

Can a juror testify about whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought to bear on a juror?

Answer 20

Yes.

Question 21

What happens at a trial by the court?

Does it impact what can be looked at on appeal?

Answer 21

The court must make findings of fact and conclusions of law on the record at the close of evidence or in an opinion or memorandum of decision filed by the court.

On appeal, a court’s findings of fact can be set aside only if clearly erroneous. Without this clear error, appeals court need to take them for what they are.

Question 22

When can a court separate trials? What federal right must the court preserve?

Answer 22

A court may order a separate trial of one more issues or claims for convenience, to avoid prejudice, or to expedite and economize; any federal right to a jury trial must be preserved.

Question 23

When can a court consolidate actions?

Answer 23

When there is a common question of fact or law
-> the court may join any or all matters at issue, consolidate the actions, or issue any other order to avoid unnecessary cost or delay

Question 24

What is the judgment as a matter of law asking the judge to do?

Answer 24

A motion for JMOL is a request that the court enter a judgment in favor of the movant because the evidence is legally insufficient for a reasonable jury to find in the nonmovant’s favor.

Question 25

When does a judgment as a matter of law need to be properly filed?

Answer 25

This motion may be filed before the case is submitted to the jury but only after the nonmovant has had the opportunity to present its case.

Question 26

What does the judgment as a matter of law challenge?

What is the standard used in looking at the evidence?

Answer 26

It challenges the sufficney of the evidence in a civil jury trial.

Viewing the evidence in the light most favorable to the non-moving party, the evidence cannot support a verdict for that party, and the moving party is therefore entitled to judgment as a matter of law.

Question 27

What motion relating to judgment can a party file prior to submission to a jury for deliberation?

Answer 27

Party may file a motion for judgment as a matter of law (“directed verdict”).

Question 28

What motion relating to a judgment can a party file after verdict and entry of judgment?

Answer 28

Party may renew their motion for judgment as a matter of law (motion for “judgment notwithstanding the verdict” or JNOV”).

Question 29

What must the court do in a motion for judgment as a matter of law (“directed verdict”)?

When can such a motion be filed?

Answer 29

The court must view evidence in light most favorable to the opposing party and draw all reasonable inferences from evidence in favor of opposing party.

Timing - Any time before the case is submitted to the jury.

Question 30

When can a movant file a renewal motion for judgment as a matter of law (“JNOV”)?

Answer 30

If the court does not grant a directed verdict, movant can file a JNOV no later than 28 days after entry of judgment by verdict
OR
if motion is regarding a jury issue that was not decided by the verdict then it must be filed within 28 days after the jury has been discharged.

Question 31

On what grounds can the renewal motion for a judgment as a matter of law (judgment not withstanding the verdict) be granted?

Answer 31

Can be granted only on grounds raised in the pre-verdict motion.

Question 32

What can a court do after a renewed motion for. judgment as a matter of law (“JNOV”)?

Answer 32

Court may:
-> allow judgment on the verdict to stand
-> order a new trial
OR
-> direct the entry of judgment as a matter of law

Question 33

What is a judgment?

Answer 33

A decree or order by a court that resolves the parties’ rights and demands for relief in a manner that permits it to be appealed.

Question 34

What amount of relief should a party be granted in a judgment?

Does this change if the judgment was a default judgment?

Answer 34

Generally - judgment should grant a party the relief to which it is entitled, even if not requested in its pleadings.

Must not differ in kind or exceed amount demanded in pleadings.

Question 35

Can the prevailing party recover court costs?

Answer 35

Unless a federal statute, rule, or court order provides otherwise, the prevailing party is allowed court costs, other than attorney’s fees, without needing to file a motion.

Question 36

Can the prevailing party recover attorney’s fees?

Answer 36

Unless a statute or court order provides otherwise, a claim for attorney’s fees that is not required by law to be proved at trial as an element of damages must be made by a motion filed within 14 days after entry of judgment.

Question 37

When can a motion to amend or make additional findings be done after judgment is given?

Answer 37

During a nonjury trial

Must be made within 28 days of entry of judgment; may be combined with a new trial motion.

Question 38

When can a motion to alter or amend a judgment be filed?

Answer 38

Must be made within 28 days of the entry of judgment.

Question 39

When can a motion for a new trial be filed?

Answer 39

The court may grant a new trial, with respect to some or all issues, to prevent a miscarriage of justice.

Must be made within 28 days of the entry of judgment.

Question 40

What can the court do if it believes the verdict was excessive?

Answer 40

If the court determines that a verdict was excessive, then it may offer a reduction of the verdict, known as a remittitur, AND grant a new trial on the CONDITION that the remittitur is not accepted.

Question 41

What can the court do if it believes the verdict was inadequate?

Answer 41

If the court determines that the verdict was inadequate, then it only has the option of ordering a new trial. An additur (enhanced judgment) is not permitted.