Post Trial Motions

Question 1

What are three post-trial motions that may be made?

Answer 1

1. renewed motion for judgment as a matter of law
2. motion for new trial
3. motion for relief from judgment

Question 2

When may a party make a renewed motion for judgment as a matter of law under Rule 50(b)?

Answer 2

If a party filed a losing JML during trial, and then loses at trial, can try again

Question 3

When must the renewed motion for judgment as a matter of law be filed?

Answer 3

Must be filed within 28 days of entry of judgment (or discharge of the jury if the motion addresses a jury issue not decided by verdict)

Question 4

What may the court rule on its renewed motion for judgment as a matter of law?

Answer 4

i) Allow the verdict to stand;
ii) Enter the opposite verdict; or
iii) Order a new trial (even if a motion for new trial was not made)

Question 5

When must a motion for new trial be made?

Answer 5

Must file w/in 28 days of entry of judgment

Question 6

What are some grounds for filing a motion for new trial?

Answer 6

a. against the great weight of the evidence
b. excessive damages
c. procedural error or misconduct
d. newly discovered evidence

Question 7

What would be considered excessive damages that would warrant a new trial?

Answer 7

Jury returns verdict that is “grossly excessive” or “shocks the conscience.”

Court can also just choose an appropriate amount and let P choose between accepting that amount and doing a new trial.

Question 8

When would a procedural error or misconduct warrant a new trial?

Answer 8

(1) Error or misconduct likely affected result of trial, and
(2) Party objected to error when had opportunity to do so

Question 9

What are some examples of procedural errors that would warrant a new trial?

Answer 9

a. Wrongful exclusion of evidence,
b. ex parte communication with judge,
c. incorrect jury instructions

Question 10

When would newly discovered evidence warrant a new trial?

Answer 10

1. When the newly discovered evidence could not, with reasonable diligence, have been found before the verdict, and
2. the new evidence will likely change the results (could not be used simply for impeachment purposes)

Question 11

What does a motion for relief from judgment do?

Answer 11

Rule 60(b) allows a party to ask the court to undo the judgment or set it aside

Question 12

When must the motion for relief from judgment be made?

Answer 12

Must be made within reasonable time, probably after learning of the grounds. First 3 grounds must not be made later than 1 year from final judgment