Civ Pro - Post Trial Motions(1) Flashcards
(36 cards)
Rule 59
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Rule 60
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Rule 50 c
50 (c)Granting the Renewed Motion; Conditional
Ruling on a Motion for a New Trial.
(1)In General.If the court grants a renewed motion for judgment as a matter of law, it
must also conditionally rule on any motion for a new trial by
determining whether a new trial should be granted if the judgment is later
vacated or reversed. The court must state the grounds for conditionally
granting or denying the motion for a new trial.
(2)Effect
of a Conditional Ruling.Conditionally
granting the motion for a new trial does not affect the judgment’s finality; if
the judgment is reversed, the new trial must proceed unless the appellate court
orders otherwise. If the motion for a new trial is conditionally denied, the
appellee may assert error in that denial; if the judgment is reversed, the case
must proceed as the appellate court orders.
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Rule 50 a
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Rule 50
50(b)Renewing the Motion After Trial; Alternative Motion for a New Trial.
If the court does not grant a motion for judgment as a matter of law made underRule 50(a), the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion. No later than 28 days after the entry of judgment—or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial underRule 59. In ruling on the renewed motion, the court may:
(1) allow judgment on the verdict, if the jury returned a verdict;
(2) order a new trial; or
(3) direct the entry of judgment as a matter of law.
Rule 59
Rule 59, if granted, winner and loser do not switch places, JUST START ALL OVER AGAIN.
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R. 59 to see if the second jury finds the
same “bad” way the first jury did (but not simply reversing outcome). D
may lose again.
Rule 50 vs 59
Rule 50(a),(b), if granted, the winner becomes the loser (REVERSING the jury verdict).
v.
Rule 59, if granted, winner and loser do not switch places, JUST START ALL OVER AGAIN.
What are the standards of rule 50 and 59?
Burden of production
What happens under 50 and 59 if burden of production met
Burden of production is met = deny 50a and 50 b motion, but 59 may be granted
Rule 50d
50 (d)Time for a Losing Party’s New-Trial Motion.Any motion for a new trial underRule 59by a party against whom judgment as a matter of law is rendered must be filed no later than 28 days after the entry of the judgment.
(e)Denying the Motion for Judgment as a Matter of Law; Reversal on Appeal.If the court denies the motion for judgment as a matter of law, the prevailing party may, as appellee, assert grounds entitling it to a new trial should the appellate court conclude that the trial court erred in denying the motion. If the appellate court reverses the judgment, it may order a new trial, direct the trial court to determine whether a new trial should be granted, or direct the entry of judgment.
Rule 59 - weight of evidence
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Remittitur
When court feels damages award is
excessive, it can threaten new trial if winner does not accept a reduction.
Additur
In 1935, US Sup Ct held that threat of
trial if loser does not accept higher damages was unconstitutional. (Additur
allowed under some state laws. p. 1123)
What is common law test on weight of the evidence
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What is required for new trials? Rule 59 incorporates common law tests for new trials by saying only that a new trial is appropriate
Rule 59 incorporates common law tests for new trials by saying only that a new trial is appropriate for any reason for which a new trial has heretofore been granted. (R59)
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Without specific criteria, the courts look to prior decisions, the first of which is that the decision is “against the weight of the evidence.”
Under the “weight-of-evidence” standard, a court may reweigh evidence and assess credibility.
Because the R. 50 & R. 59 standards are different, many parties move for both in the alternative (examples p. 1126).
When can a party appeal the grant of a new trial?
A party cannot appeal the grant of a new trial until after 2nd trial is completed. p. 1125
How do appelate courts treat trial courts determination of the harm an error caused
Appellate courts are deferential to the trial court’s determination of the harm an error caused. p. 1125. Orders denying a new trial “against the weight of evidence” are reviewable under an abuse of discretion standard and are “virtually unassailable.”
How should you file rule 50 and 59?
Because the R. 50 & R. 59 standards are different, many parties move for both in the alternative (examples p. 1126).
What are some examples of process errors that could result in a new trial
Some examples of possible process errors:
Jury Misconduct;
Errors in Jury Instructions/ Evid. Rulings;
Improper argument to the jury;
Lying by a juror during voir dire;
Witness Misconduct; or
Inconsistent verdicts that the court cannot reasonably harmonize.
What is the difference between a harmless and nonharmless error?
Ct can’t ask jurors [black box], so must apply an objective test to assess whether extraneous evidence would affect an objective typical juror.
If error is harmless, then no new trial warranted. Here, jury did find for P on defective product, but not a substantial factor in P’s injury.
Is extraneous evidence a process error?
Yes, but it is not enough to overurn a verdict unless it would affect the outcome
Rule 61 Subject matter
Harmless error
