Trial Procedure Flashcards
What must the court do once a motion for judgment as a matter of law has been filed?
When ruling on a Rule 50 motion for judgment as a matter of law, the court must view the evidence in the light most favorable to the opposing party and draw all reasonable inferences from the evidence in favor of the opposing party. It may not consider the credibility of witnesses or evaluate the weight of the evidence, and it must disregard all evidence favorable to the moving party that the jury is not required to believe.
When is the demand for jury trial made?
A demand for a jury trial must be served within 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury. H
Raising errors on jury instructions
In order to be able to raise an error in a jury instruction on appeal, a party must timely object to the instruction on the record and state the grounds for the objection. A party’s objection is timely if it is made promptly after learning that an instruction has been or will be given or a request has been refused.
When does a renewed motion for JOML need to be made?
The movant may file a renewed motion for judgment as a matter of law no later than 28 days after the entry of judgment.
How does a court determine whether a jury should be allowed when a cause of action is unknown at common law?
If a new cause of action that was unknown at common law is created, such as the statutory cause of action, then the court must look to whether the remedy sought is legal rather than equitable; if it is legal, a jury should be allowed.
What can a court do with the verdict of a jury that was instructed to deliver both a general verdict and to answer special interrogatories and answers are consistent with each other but not with the general verdict?
The court may (i) approve a judgment that is consistent with the answers, notwithstanding the general verdict, (ii) direct the jury to reconsider its answers and verdict, or (iii) order a new trial.
