Trial and Post-Trial Motions Flashcards
How must a court consider a JMOL?
When considering such a motion, the district court must:
- view the evidence and draw all reasonable inferences in the light most favorable to the nonmovant
- disregard any evidence favorable to the movant that the jury is not required to believe and
- NOT consider the credibility of witnesses OR evaluate the weight of evidence.
What is the final judgment rule and what are the exceptions?
The final-judgment rule bars federal appellate courts from hearing an appeal until the federal district court has entered a final judgment. A final judgment is a judicial decision that fully resolves the dispute on the merits and leaves nothing for the court to do but enforce the judgment.
Exceptions allow immediate appeal of certain orders (statutorily created).
When can a district court correct a clerical mistake?
A district court may correct a clerical mistake or a mistake arising from an oversight or omission in a judgment, order, or other part of the record. The court may do so on its own initiative (i.e., sua sponte) or pursuant to a party’s motion BEFORE an appeal from the judgment or order is docketed. But AFTER an appeal is docketed, the district court can correct the mistake only with the appellate court’s leave (i.e., permission).
When can a party seek extraordinary relief from a district court’s final judgment?
Must bring motion within ONE YEAR if the following grounds asserted for relief:
- mistake, inadvertence, surprise, excusable neglect by the nonmovant or the court.
- newly discovered evidence that could not have been discovered with reasonable diligence in time to move for a new trial—i.e., within 28 days of the final judgment.
- fraud, misrepresentation, misconduct by nonmoving
Must bring motion within a REASONABLE TIME:
- void judgment (e.g. lack of jx)
- judgment: + satisfied, released, discharged, + based on reversed/vacated judgment, or + will violate equity if applied prospectively
What is JMOL and when must it be filed?
A motion for judgment as a matter of law is used to remove a case from the jury’s consideration when there is legally insufficient evidence for a reasonable jury to find in the nonmovant’s favor.
JMOL can be made anytime before case is submitted to jury, but must be made after OP’s presentation of evidence.
When must a renewed JMOL be filed?
Within 28 days of the entry of judgment.
How many members must be in a jury?
a jury must BEGIN with at least six and no more than 12 members.
Each juror must participate in the verdict unless excused (i.e., dismissed) by the court for GOOD CAUSE during trial or after jury deliberations have begun. Good cause exists when the juror has an illness, has a family emergency, or has committed juror misconduct that might cause a mistrial—e.g., providing false testimony during voir dire.
When is a final judgment for fewer than all claims asserted allowed to be immediately appealable?
When an action involves multiple claims or parties, a district court may enter final judgment as to fewer than all claims or parties IF it EXPRESSLY DETERMINES that there is no just reason for delay. However, if this express determination is not made, any court order that disposes of those claims or parties is NOT immediately appealable.
What are the reasons to grant a new trial?
(1) errors render judgment unfair
(2) newly discovered evidence
(3) prejudicial misconduct of counsel/parties/judge
(4) verdict against clear weight of evidence
(5) verdict based on false evidence
(6) verdict is excessive or inadequate
Overarching theme: prevent the miscarriage of justice.
When can a motion to alter or amend a judgment be filed?
What are the grounds for such motion?
Within 28 days after entry of the final judgment.
Grounds include:
- intervening change in controlling law
- judgment based on manifest error of law
- necessary to prevent manifest injustice
- discovery of new evidence that was unavailable
