Trial Procedure Flashcards
Number of Jurors when less than 6 stipulation rule
A case may be tried before and a verdict returned by less than a six-member jury, if the parties so stipulate.
Dismissal of Juror Rule
An individual who has been selected to serve as a juror must participate in the verdict unless excused for good cause, such as illness, family emergency, or misconduct. The federal rules do not authorize the dismissal of jurors to arrive at a specific number of jurors.
Peremptory Challenge rule
Each party in a civil case is entitled to three peremptory challenges. As long as these challenges are not exercised for a constitutionally impermissible reason (i.e., race or gender), there is no restriction on their exercise.
Judgment as a matter of Law (Direct Verdict) Rule-when a party may raise this motion
n a jury trial, a party may move for a judgment as a matter of law with regard to a defense as well as a claim. A party may make such a motion once the opposing party has been fully heard on the issue.
Judgment as a matter of law rule (directed verdict)
once a party has been fully heard on an issue at a jury trial, the court may grant a motion for judgment as a matter of law resolving the issue against a party, if the court finds that there is insufficient evidence for a jury to reasonably find for that party. In this case, the parties had only delivered their opening arguments.
Rule for Judgment as a Matter of Law- when not made before the jury verdict
A party who has not submitted a prior motion for judgment as a matter of law may not submit such a motion after the jury has rendered its verdict.
After the jury has rendered its verdict, a party may only renew a motion for judgment as a matter of law that it has previously made.
