After the trial? or verdict

Question 1

50(a). Judgment as a matter of law in a jury trial; related motion for a new trial (Directed verdict)

Answer 1

• Once a party has been fully heard if the court thinks that there is not enough legally sufficient evidence for a reasonable jury to find for the party on an issue
• Party makes a motion for judgment as a matter of law and the court will grant it
• Moving for judgment as a matter of law at the close of the other party’s case

Question 2

50(b). Renewed motion for judgment as a matter of law (JNOV)

Answer 2

• A Rule 50(a) motion is a prerequisite to make a Rule 50(b) motion
• A movant may file for a renew motion for judgment as a matter of law-No later than 28 days after the entry of judgment
• May allow judgment on the new verdict, order new trial, or direct the entry of judgment as a matter of law

Question 3

59. New Trial

Answer 3

• Judge may order a new trial on his own motion or on a party’s motion
• Case law provides two sets of reasons
• Flawed procedures- Something serious enough that raises issues about the fairness of the proceedings
• And Flawed verdicts- If the jury verdict is against the great weight of the evidence

Question 4

59. Motion to alter or amend a judgment

Answer 4

• Motion to alter or amend a judgment
• Motion asks the court to correct the judgment or order
• Less drastic than granting a new trial or entering judgment for the other party

Question 5

New trial that only deal with damages

Answer 5

• Remittitur-If P faced with award of excessive damages. P can: 1. Get a new trial; OR 2. Remittitur-accept a lower award of damages
• Additur-Judge adds to damages if P not awarded enough

Question 6

60. Relief from judgment or order

Answer 6

• The court may relieve a party or its legal rep from a final judgment, order, or proceeding for: Any reason that justifies relief