post trial motions

Question 1

new trial based on newly discovered evidence (five elements)

Answer 1

1 discovered after end of trial; 2. material and likely to produce an opposite result on the merits; 3 evidence is not cumulative; 4/ evidence could not have been found with due diligence, and 5. evidence can be produced at a new trial

Question 2

statutory exceptions to 21 day rule

Answer 2

can grant relief from default judgment after usual 21 day limit in instances of fraud (2 years from date of default), void judgment, proof of an accord and satisfaction or active duty

Question 3

judge can always correct

Answer 3

clerical errors

Question 4

bills of review

Answer 4

common law equitable proceeding relating to final order

error as a matter of law is apparent, new evidence. must be filed within 6 months of entry of final order

Question 5

uniform arbitration act

Answer 5

agreements to arbitrate are enforceable. decision is binding but may ask court to vacate within 90 days after delivery of a copy of arbitrator’s award

Question 6

grounds for vacating award

Answer 6

corruption, partiality, exceed powers, refused to postponse or no arbitration agreement

Question 7

grounds for modifying an award

Answer 7

evident iscalculation of damages