Verdicts and Judgments

Question 1

Judgment for bench trial - gral

Answer 1

• Post closing of evidentiary stage
• Written findings of fact AND conclusions of law
• Filed with judgment

Question 2

Jury Trial - General Verdict

Answer 2

In favor of 1 party

• Responds to single question of “who prevails?”

Question 3

Jury Trial - Special Verdict

Answer 3

Answer to specific Q’s of fact AND/OR to define judgment amount

Question 4

“Entry” of judgment - Date of entry - 3 conditions

Answer 4

1) Judgment written
2) Signed by judge
3) Delivered to court clerk for filing and registry
- NOT when read orally, returned by jury.
- Special stay of 14 days for money judgment

Question 5

“Entry” of judgment - Date of entry Relevance

Answer 5

Defines start time running for post-trial events

-i.e. 28 days for motion for new trial,

Question 6

Litigation Costs, aka “taxable costs” Rules

Answer 6

• Prevailing party usually entitled to them
• Assessed by court clerk from losing party
• Cost established by statute -i.e. fees for filing, W, service

Question 7

Litigation Costs, aka “taxable costs” Rules - Challenge

Answer 7

Motion to tax costs

Question 8

Attorney Fees - American Rule

Answer 8

• each party its own
• UNLESS agreement by parties or statute (i.e. consumer protection, anti-discrimination, breach of fiduciary duty

Question 9

Judgment for bench trial - Grounds for setting aside

Answer 9

When finding by trial court are clearly erroneus

Question 10

“Entry” of judgment - Special rules for money judgment

Answer 10

Automatic Stay of 14 days after entry for money judgments - no execution - no proceedings to enforce it