Trial Procedure

Question 1

Jury # and agreement

Answer 1

A federal civil jury must have at least 6 but no more than 12 members.

Verdicts must be unanimous unless parties stipulate otherwise

Question 2

Jury Polling

Answer 2

A court must on a party’s request, or may on its own initiative, poll the jurors individually after a verdict is returned but before the jury is discharged.

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

Question 3

How to challenge a jury instruction on appeal

Answer 3

A jury-instruction error is preserved for appeal when…
(1) a party timely objects to the instruction on the record and
(2) states 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 has been refused.*

must b before it has instructed the jury and before final arguments

Question 4

Jury Challenges

Answer 4

Three peremptory challenges – to strike a potential juror for any reason other than race, ethnicity, or gender without explanation

and

unlimited challenges for cause – to strike a potential juror based on his/her inability to serve as a fair and impartial finder of fact (e.g., financial stake in a party, bias, relation to party or party’s counsel)

NOTE: In an action involving multiple plaintiffs or defendants, the court may consider them as a single party entitled to three peremptory challenges OR grant more than three peremptory challenges and permit them to be exercised separately or jointly.

Question 5

Juror excusal

Answer 5

A juror must participate in the verdict unless excused by the court for good cause during trial or after jury deliberations have begun.

Good cause exists when the juror has an illness or family emergency or has committed juror misconduct that might cause a mistrial.

Question 6

Right to jury trial in civil case

Answer 6

The Seventh Amendment right to a jury trial applies to federal civil cases when …
-the amount in controversy exceeds 20 dollars and
-a party asserts a legal claim (i.e., a claim seeking a monetary remedy).

However, this right does not apply when a party asserts an equitable claim (i.e., a claim seeking a nonmonetary remedy).

Question 7

General verdict with answers

Answer 7

A general verdict with answers requires that the jury decide which party should prevail and provide answers to questions on each factual issue.

If the verdict and answers are inconsistent, the judge must
(1) order a new trial,
(2) direct the jury to further consider its answers and verdict, or
(3) enter a judgment consistent with the answers.

If the answers inconsistent with each other & verdict .. Judge must:
(1) order new trial or
(2) direct jury to further consider its answers & verdict

Question 8

Jury instruction request deadline

Answer 8

A party may request jury instructions before or at the close of evidence unless the court sets an earlier, reasonable deadline.

Even after the close of evidence, a party can request instructions
(1) on issues that could not reasonably have been anticipated by the deadline or
(2) with the court’s permission.

Question 9

JMOL Time to File

Answer 9

May be filed after nonmovant presents its case but before case is submitted to jury

May be renewed within 28 days after entry of final judgment

Question 10

JMOL Procedural Requirements

Answer 10

May be filed after non-movant presents its case but before case is submitted to jury
May be renewed within 28 days after entry of final judgment

Question 11

JMOL Standard

Answer 11

Evidence is legally insufficient for reasonable jury to find in nonmovant’s favor

Court MAY NOT consider the credibility of witnesses or evaluate the weight of the evidence.
==> must be made by the jury.

Question 12

Altering jury’s award of damages

Answer 12

Remittitur
-D’s request to reduce jury award of excessive damages
==> Plaintiff must be offered choice between:
1. reduced damages or
2. new trial on damages

Additur
-P’s request to increase jury award of inadequate damages
==> Never allowed in federal court

Question 13

A party may obtain extraordinary relief within one year of the entry of a final judgment based on

Answer 13

(1) mistake, inadvertence, surprise, or excusable neglect,
(2) newly discovered evidence, or
(3) an opposing party’s fraud, misrepresentation, or misconduct.

Question 14

When J is trier of facts ==> obligations

Answer 14

judge must find the facts specially and state its conclusions of law separately.

A judge may do so on the record rather than in a written opinion.

Question 15

Mandatory Attendance at Pretrial Conf

Answer 15

The court may direct counsel and unrepresented parties to appear for pretrial conferences for such purposes as expediting disposition of the action, effective case management, and facilitating settlement. The court may require that a party or its representative be present or reasonably available by telephone or by more sophisticated electronic means to consider possible settlement. If counsel or a party fails to appear, fails to participate in good faith, or fails to obey a pretrial conference order, then the court may generally impose the same sanctions as those permitted for failure of a party to comply with a discovery order, including contempt of court or dismissal of an action.

Question 16

When a judge presiding over a hearing or trial is unable to proceed…

Answer 16

another judge may take over so long as this successor judge:
1. certifies that he/she is familiar with the record and
2. determines that the case may be completed without prejudice to the parties.

When the successor judge takes over a hearing or bench trial, witnesses who previously testified need only testify again in the successor judge’s presence when
(1) their testimony is material and disputed,
(2) they can do so without undue burden, and
(3) a party so requested.

Question 17

Which two defenses are not considered waived until END OF TRIAL

Answer 17

Most defenses are waived if they are not asserted in the defendant’s answer.

However, a defendant has until the end of trial to assert the defenses of 1. **failure to join a required party **
OR
2. failure to state a claim on which relief can be granted

Question 18

J Trial Demand Deadline

Answer 18

A party may demand a jury trial on any triable jury issue by

(1) serving the other parties with a written jury demand no later than 14 days after the last pleading directed to the issue is served

and

(2) filing the demand with the court within a reasonable time after service. An answer is typically the last pleading directed at the triable jury issue.