Trial Process, Verdicts, and Judgments Flashcards
1
Q
Demanding a Jury in Michigan
A
One mist remand a jury trial within 28 days after the filing of the answer or reply, or it is waived.
2
Q
What is the jury number standard in MI?
A
6 jurors
3
Q
What is the unanimity of a jury standard in MI?
A
Parties must stipulate to using less or that a majority of jurors will be allowed to decide a case - otherwise need to be unanimous
4
Q
Motion for Directed Verdict MI Test
A
- A directed verdict may be granted only when no factual question exists upon which reasonable minds may differ
- The court must consider the evidence in the light most favorable to the nonmoving party
5
Q
When is case evaluation mandatory in Michigan?
A
In tort cases over $10,000 and all medical malpractice actions unless the judge finds good cause.
6
Q
New Case Evaluation Law in MI
A
- Parties can stipulate to an alternative dispute resolution method of their choice, and
- There is no penalty on those who pursue case evaluation and reject the evaluation but don’t receive a more favorable verdict
(Except in tort claims over $10,000 or medical malpractice cases)
7
Q
Sanctions for Rejecting a Case Eval
A
Review in outline
