Trial Procedure

Question 1

Right to Jury Trial

Answer 1

Parties have right to jury in actions seeking traditional money damages, not equitable relief

Question 2

Jury Demand

Answer 2

Party that wants a trial by jury must submit a written demand

Demand must be made no later than 10 days after first responsive pleading

Question 3

Motion for Judgment on the Evidence

Answer 3

If court finds that evidence on an issue is INSUFFICIENT to support a jury verdict, the court shall withdraw the issue from the jury’s consideration and enter a judgment on that issue

Timing: Any time before the case is submitted to the jury

Question 4

Motion to Correct Error

Answer 4

A motion to correct error is a mandatory prerequisite to appeal if the motion:

(1) Seeks consideration of NEWLY-DISCOVERED EVIDENCE
(2) Claims jury’s VERDICT EXCESSIVE/INADEQUATE

Question 5

Timing of Motion to Correct Error

Answer 5

Within 30 days of entry of final judgment

Question 6

Content of Motion to Correct Error

Answer 6

(1) Describe in specific terms there error/errors identified;
(2) Statement of fact and grounds on which the error is based

Question 7

Relief from Judgment

Answer 7

Filed within ONE YEAR of final judgment, court may receive party’s obligations for the following reasons:

(1) Mistake, surprise, or excusable neglect;
(2) To correct error that by due diligence could not have been discovered in time to move for a motion to correct error;
(3) Fraud, misrepresentation, or other misconduct of adverse party; or
(4) Entry of default or judgment by default was entered against such party who was served only by publication and who was without actual knowledge of the action