conferences, trial, judgement, post-trial motions Flashcards
(41 cards)
when is rule 26(f) conference
Unless the court order says otherwise, at least 21 days before the court’s scheduling order
what happens at 26(f) conference
the parties “meet and confer” to discuss production of required initial disclosures, claims, defenses, settlement, and preservation of discoverable information
when must a detailed discovery plan be presented to the court
no later than 14 days after rule 26(f) conference
content of discovery plan
Must include views and proposals on timing, issues about discovery of ESI, including how it will be produced and any problems retrieving it (for example, deleted files), etc.
what is a scheduling order
Unless local rule or court order says otherwise, the court enters an order setting cut-offs for joinder, amendment, motions, completion of discovery, etc. This is a roadmap for how the litigation proceeds up to trial.
what is a final pretrial conference
determines the issues to be tried and evidence to be proffered at trial. This is recorded in the pretrial conference order, which supersedes the pleadings. This order is a roadmap of issues to be tried, evidence to be presented at trial, witnesses, etc., so that there are no surprises at trial.
motion in limine
pretrial motion outside of the presence of the jury to decide whether the jury should hear certain evidence.
when is there a right to jury trial
federal court, but not in suits of equity
*if case includes both law and equity: Facts underlying a damages claim will be tried to the jury. Facts relating wholly to an equity claim are tried to the judge.
** if a fact underlies both a claim for damages and equity, the jury will decide that fact
how to demand a jury
in writing no later than 14 days after service of the last pleading addressing a jury triable issue. If a party fails to do so, she waives the right to a jury. The last pleading addressing a jury issue is usually the answer.
voir dire
jury selection process
for cause jury challenge limit
Unlimited
peremptory jury challenge limit
challenge with no stated reason. Generally limited to 3 per side.
- peremptory challenges may be used only in a race- and gender-neutral manner because jury selection is a state action even in a civil action between private parties
number of jurors
minimum of six jurors, and a maximum of 12, unless the parties agree otherwise
how many jurors to win
verdict must be unanimous unless the parties agree otherwise.
- if juror is excused for good cause, remaining jurors can still return a verdict
when to submit proposed jury instructions
at the close of all evidence (or earlier if the court says so
on the record conference regarding jury instruction
court informs the parties of (1) what instructions it will give and (2) what proposed jury instructions it rejected.
the parties must be allowed to object on the record and out of the jury’s hearing.
*This is true even if the party objected during the “off the record” conference
when is objection to jury instruction waived
If objections are not made before the jury is “charged” (given the instructions).
*A court can revisit that jury instruction only for clear error that affected a party’s rights.
off the record conference regarding jury instruction
judge may hold an “off the record” conference with the parties to discuss proposed jury instructions
who determines what verdict form is used
judge
general verdict
just says who wins and, if plaintiff wins, what the relief is.
special verdict
jury answers, in writing, specific written questions about the facts in dispute, but it does not say who wins or loses
general verdict w/ written questions
jury not only gives a general verdict, but it also answers specific questions submitted to it.
*The questions ensure that the jury focused on the important issues.
entry of general verdict
clerk enters
entry of special verdict (or general w/ written Qs)
If the answers are consistent with each other and with the verdict, the judge approves the judgment and the clerk enters it.
