Trial procedure

Question 1

Jury trial

Answer 1

1. Right to jury trial—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
2. Jury demand—must be served within 14 days after service of the last pleading directed to the issue that is to be tried by jury
   • 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)
   • A party may withdraw a jury trial demand with the consent of the other parties
   • Case removed from state court—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 orders the parties to do so)
3. Jury size
   • At least six and no more than 12
   • Once selected, a juror must participate in the verdict unless dismissed for good cause
   • No provisions for alternate jurors
4. Jury selection—peremptory challenges may not be made for racial or gender-based reasons; court will allow three for each party in civil cases but an unlimited number of challenges are permitted for cause (e.g., bias or personal relationship to a litigant)
5. Jury instructions
   • 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
   • 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
6. Jury verdicts
   • Unless the parties stipulate otherwise:
   o The verdict must be unanimous
   o The verdict must be returned by a jury of at least six jurors
   • Form of verdict
   o Special—written finding made by the jury on each issue of ultimate fact; judge determines the legal consequences of those findings
   o General—typically a decision by the jury as to the prevailing party and, if the plaintiff is the prevailing party, the amount of damages
   o General 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
7. Juror misconduct
   • Concealing facts relating to his qualifications or giving false testimony during voir dire
   o 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
   • 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
   o Court may dismiss juror or order a new trial
   o A juror may 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

Question 2

Trial by the court

Answer 2

1. 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
2. On appeal, a court’s findings of fact can be set aside only if clearly erroneous

Question 3

Judgment as a matter of law (directed verdict)

Answer 3

1. 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
2. Timing—any time before the case is submitted to the jury

Question 4

Renewed motion for judgment as a matter of law (JNOV)

Answer 4

If the court doesn’t grant a directed verdict, movant can file a JNOV no later than 28 days after entry of trial judgment

Question 5

Motion for new trial

Answer 5

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