Trial Procedure

Question 1

Trial by Jury - List

Answer 1

1. Right to Jury Trial
2. Demand for Trial by Jury
3. Jury Selection
4. Bench Trial
5. Jury Instructions

Question 2

Trial by Jury - 1. Right to Jury Trial

Answer 2

• Right to Jury Trial o 7th Amendment right to trial by jury depends on the division between law (juries) and equity/admiralty (no juries) as of 1791. o
• Equity issues, such as injunction and specific performance, do NOT require trial by jury.
• Damages - classic legal remedy; triggers right to jury trial.
• Legal and equity issues overlap in the same case - try the legal issues first.

Example 14: The plaintiff sues the defendant for an injunction (equity); the defendant counterclaims for money damages (law). The defendant wants a jury trial. The court must try the counterclaim first so that it will be heard by a jury.

Question 3

Trial by Jury - 2. Demand for Trial by Jury

Answer 3

Must be made not later than 14 days after service of the answer or other pleading directed to the issue on which jury trial is sought

Question 4

Trial by Jury - 3. Jury Selection

Answer 4

• Each litigant gets 3 peremptory challenges
• Not for cause
• Cannot be used for racial or gender purposes

Question 5

Trial by Jury - 4. Bench Trial

Answer 5

Judge is required to make both fact and state conclusions of law.

Question 6

Trial by Jury - 5. Jury Instructions

Answer 6

Any objection to the instructions given by the trial judge must be made before the jury retires.

Question 7

Motion for Judgment as a Matter of Law (formerly directed verdict)

Answer 7

• Essentially a way of moving for summary judgment AFTER the trial has begun.
• Standard: viewing the evidence in the light most favorable to the opposing party, the evidence cannot support a a contrary verdict and the moving party is therefore entitled to judgment as a matter of law.
• Credibility of a witness - if the case turns on this issue, then there is a question as to a material fact and the motion for JMOL will be denied.
• Typically made by the D at the end of the plaintiff’s evidence and by either or both sides at the close of ALL evidence.

Question 8

Renewed Motion for Judgment as a Matter of Law (formerly JNOV)

Answer 8

• A motion for JMOL made at the close of all the evidence may be renewed after the verdict.
• Standard is the same: the evidence cannot support the jury’s verdict and the moving party is therefore entitled to judgment as a matter of law.
• It is a condition precedent to a post-verdict motion that the motion for JMOL had been made at the close of all evidence.
  
  • If you fail to ask originally, you cannot renew.
• Usually made together with a motion for a new trial

OHIO - motion must be filed within 28 days after entry of the judgment