Civ Pro - Post Trial Motions(1)

Question 1

Rule 59

Answer 1

??

Question 2

Rule 60

Answer 2

??

Question 3

Rule 50 c

Answer 3

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.

•

Question 4

Rule 50 a

Answer 4

??

Question 5

Rule 50

Answer 5

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.

Question 6

Rule 59

Answer 6

Rule 59, if granted, winner and loser do not switch places, JUST START ALL OVER AGAIN.

Question 7

???

Answer 7

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.

Question 8

Rule 50 vs 59

Answer 8

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.

Question 9

What are the standards of rule 50 and 59?

Answer 9

Burden of production

Question 10

What happens under 50 and 59 if burden of production met

Answer 10

Burden of production is met = deny 50a and 50 b motion, but 59 may be granted

Question 11

Rule 50d

Answer 11

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.

Question 12

Rule 59 - weight of evidence

Answer 12

???

Question 13

Remittitur

Answer 13

When court feels damages award is
excessive, it can threaten new trial if winner does not accept a reduction.

Question 14

Additur

Answer 14

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)

Question 15

What is common law test on weight of the evidence

Answer 15

???

Question 16

What is required for new trials? Rule 59 incorporates common law tests for new trials by saying only that a new trial is appropriate

Answer 16

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)

Question 17

???

Answer 17

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).

Question 18

When can a party appeal the grant of a new trial?

Answer 18

A party cannot appeal the grant of a new trial until after 2nd trial is completed. p. 1125

Question 19

How do appelate courts treat trial courts determination of the harm an error caused

Answer 19

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.”

Question 20

How should you file rule 50 and 59?

Answer 20

Because the R. 50 & R. 59 standards are different, many parties move for both in the alternative (examples p. 1126).

Question 21

What are some examples of process errors that could result in a new trial

Answer 21

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.

Question 22

What is the difference between a harmless and nonharmless error?

Answer 22

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.

Question 23

Is extraneous evidence a process error?

Answer 23

Yes, but it is not enough to overurn a verdict unless it would affect the outcome

Question 24

Rule 61 Subject matter

Answer 24

Harmless error

Question 25

Rule 61 Rule statement

Answer 25

“Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party’s substantial rights.” … Court likes to find harmless errors

Question 26

Rule 60

Answer 26

a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

(2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

(d) Other Powers to Grant Relief. This rule does not limit a court’s power to:

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2) grant relief under 28 U.S.C. §1655 to a defendant who was not personally notified of the action; or

(3) set aside a judgment for fraud on the court.

(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

Question 27

Rule 60

Answer 27

a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

(2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

(d) Other Powers to Grant Relief. This rule does not limit a court’s power to:

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2) grant relief under 28 U.S.C. §1655 to a defendant who was not personally notified of the action; or

(3) set aside a judgment for fraud on the court.

(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

Question 28

Rule 60

Answer 28

a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

(2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

(d) Other Powers to Grant Relief. This rule does not limit a court’s power to:

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2) grant relief under 28 U.S.C. §1655 to a defendant who was not personally notified of the action; or

(3) set aside a judgment for fraud on the court.

(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

Question 29

When should you push for Rule 60 standard?

Answer 29

With the trial judge, because the standard is abuse of discretion and that is hard to prove on appeal. If you are arguing on law, de novo standard applies and you may want to appeal rather than pursue Rule 60

Question 30

What is the final recourse to challenge a judgement in district court?

Answer 30

Rule 60 - Relief from judgement.

Question 31

Can jury misconduct or evidence weighing R 50 or R59 concerns result in relif from judgement

Answer 31

No, ggrounds listed in 60b are narrow and do not include these two concerns.

Question 32

Default judgement and relief from judgement

Answer 32

After a default judgement, 12b4 would be a basis of relief from judgement if you didnt have PJ or proper service. For these reasons law disfavors it.

Question 33

60b1

Answer 33

Mistake or
excusable neglect
(1 year under 60c1)

Considerations:
Risk of prejudice to nonmovant;
Length of delay;
Reason for the delay—whether in control of movant;
Whether movant acted in good faith.
(e.g. delay of > 1 month when left country on family emergency).

Question 34

60b2

Answer 34

Newly discovered evidence
(1 year under 60c1)

Considerations:
Discovered since trial;
Movant must show due diligence to find evidence;
Evidence not merely cumulative or impeaching;
Evidence must be material; &
Evidence must be such that a new trial would probably produce a new result. High standard to prove on this one.

Question 35

60b3

Answer 35

Fraud
(1 year under 60c1)

Must be clear and convincing evidence that adverse party obtained the verdict through fraud & that fraud prevented the movant from fully presenting the case.

Burden includes showing opponent acted with intent to deceive or defraud the court by deliberate scheme.

Question 36

60b6

Answer 36

Other Reasons
(“reasonable time”- but cannot be used to extend the 1 yr limit under reasons 1,2,3)

Used sparingly as an equitable remedy to prevent manifest injustice where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment
(e.g., attorney’s gross negligence).