Trial Procedures, Trial, Post-Trial Motions Flashcards
Jury Demand
No jury demand is required unless for:
1) default proceedings
2) divorce actions
3) probate proceedings
NOTE – jury trial cannot be waived by contract
Right to Jury Trial
As in federal court, there is a right to a jury trial in an action at law
Jury Composition
Superior Court – there are 12 jurors
State Court – there are 6 jurors, but a jury of 12 can be demanded for cases exceeding $50,000
Exclusion of a Party from Trial
A party may not be excluded from trial simply because they have a physical or mental condition that might evoke the jury’s sympathy
Closing Argument Normal Process
1) the party with the burden of proof (normally plaintiff) makes the opening closing argument
2) the other party gives its closing argument
3) the party with the burden of proof gives a concluding argument
Exception to Closing Argument Process
If the defendant does not submit evidence or admits the plaintiff’s prima facie case, the order of closing arguments is flipped (defendant, plaintiff, defendant)
EXCEPTION TO EXCEPTION – in personal injury cases only, if the defendant admits liability, but contests damages, arguments must proceed using the general rule (plaintiff, defendant, plaintiff)
Jury Instructions
The giving of jury instructions is similar to federal court
However, parties can make objections to the jury instructions up until the verdict is returned
Direct Verdict
A motion for directed verdict is the same as a motion for judgment as a matter of law
A directed verdict may be made after the party rests their case
Motion for Judgment Notwithstanding the Verdict
This is the same as a renewed motion for judgment as a matter of law
A motion for directed verdict is a prerequisite
TIMING – it must be made within 30 days after the court enters judgment (rather than 28 days as in federal court)
Remittitur and Additur
Unlike Federal Court, GA allows both remittitur and additur
Remittitur - gives plaintiff choice between remitting some of the damages or going to a new trial
Additur – gives defendant choice between adding to the award or going to a new trial
Other Grounds for New Trial
1) improper admission or exclusion of evidence
2) improper jury instruction
3) Jury, attorney, or party misconduct
4) newly discovered evidence that with due diligence could not have been discovered at trial
TIMING – the motion for new trial must be made within 30 days after judgment is entered by the court
Motion for Relief from Judgment
A party may seek relief from judgment when:
1) the court asked subject matter or personal jurisdiction
2) the judgment was procured by fraud, accident, mistake, or acts by the opposing party
3) a non-amendable defect is apparent from the fact of the record or pleadings
4) newly discovered evidence unable to be discovered with due diligence
TIMING – Except for lack of jurisdiction, there is a three year time limit for raising other motions for relief from judgment
