Conferences, Trial, Judgment, & Post-Trial Motions

Question 1

Basic Idea

Answer 1

• If the case was not resolved through pretrial adjudication, it may be adjudicated at trial.

Question 2

R.26(f) Conference

Answer 2

• Unless CO says otherwise, at least 21 days b/f ct’s scheduling order, parties “meet and confer” to discuss production of required initial disclosures, claims, defenses, settlement, and preservation of discoverable info.
• They must present to ct a detailed discovery plan no later than 14 days after the R.26(f) conference.

Question 3

Contents of Discovery Plan

Answer 3

• The plan must include views and proposals on timing
• Issues about discovery of ESI (for example, deleted files), etc.

Question 4

Pretrial Conferences

Answer 4

• The court may hold “pretrial conferences” to oversee the case.
• FInal pretrial conference
  (1) Determines the issues to be tried and evidence to be given at trial
  (2) This order is a roadmap

Question 5

Jury Trial

Answer 5

• Jury determines the facts and returns the “verdict.” If we don’t have a jury, the judge determines the facts (in a “bench trial”).
• Judge can hear a “motion in limine,” (pretrial motion without the jury to decide whether the jury should hear certain evidence)

Question 6

Right to a Jury Trial in Fed Ct

Answer 6

• 7th Am. preserves the right to jury in fed civil cases, but not in suits at equity.
• 7th Am. doesn’t apply in state ct, only fed civil cases.

Question 7

Mixed Suits of Law & Equity

Answer 7

• If a case includes a claim for damages & for an injunction, facts underlying a damages claim will be tried to the jury.
• Facts relating wholly to an equity claim are tried to the judge.
• Generally, jury issues will be tried first.

Question 8

Same Fact Underlies Both Law & Equity Claim

Answer 8

• If a fact (for example, whether the defendant trespassed on the P’s property) underlies both a claim for damages and a claim for an injunction?
• Jury will decide that fact

Question 9

Jury Demand

Answer 9

• A party must demand the jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue (usually the answer)
• If a party fails to do so, she wavies the right to a jury.

Question 10

Selection & Composition of the Jury

Answer 10

• In the jury selection process (“voir dire”), parties may ask the ct to strike potential jurors.
• There are two kinds of challenges to jurors.

Question 11

For Cause Challenges (Voir Dire)

Answer 11

• A juror may be challenged “for cause,” (ex. juror cannot be impartial)
• Parties have an unlimited number of challenges for cause.

Question 12

Peremptory Challenges (Voir Dire)

Answer 12

• There are challenges for which the party states no reason.
• Generally, each side is limited to 3 peremptory challenges.
• Peremptory challenges may be used only in a race- and gender-neutral manner because jury selection is a state action

Question 13

Number of Jurors in Fed Ct

Answer 13

• Civil jury in federal court:
  (1) A min. of 6 jurors
  (2) Max of 12
• Unless parties agree otherwise.
• Generally, all jurors participate in the verdict unless a juror is excused for good cause
• Verdict must be unanimous unless parties agree otherwise.

Question 14

Jury Instructions

Answer 14

• The jury decides facts, but is instructed on the law by the judge.
• Parties submit proposed jury instructions to the judge at the close of all evidence (or earlier if the court says so).
• The judge may hold an “off the record” conference with the parties to discuss proposed jury instructions.

Question 15

Before final argument and instruction, and on the record, the court informs the parties of :

Answer 15

(1) what instructions it will give and
(2) what proposed jury instructions it rejected.
- 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.
- If objections are not made before the jury is given the instruction, the objection is waived.
- Ct can revisit that jury instruction only for clear error that affected a party’s rights

Question 16

Forms of Verdicts

Answer 16

• The judge determines what verdict form the jury will use.
  (1) General verdict
  (2) Special Verdict
  (3) General Verdict with Written Questions

Question 17

General Verdict

Answer 17

• A general verdict just says who wins and, if P wins, what the relief is.

Question 18

Special Verdict

Answer 18

• In a special verdict, the jury answers, in writing, specific written questions about the facts in dispute, but it does not say who wins or loses

Question 19

General Verdict with Written Questions

Answer 19

• In a general verdict with written questions, the jury not only gives a general verdict, but it also answers specific questions submitted to it.

Question 20

Entry of Judgment

Answer 20

• If the jury returns a general verdict, the clerk of the court will enter the judgment.
• If the jury returns a special verdict/or general verdict with written questions, and the answers are consistent with each other and with the verdict, the judge approves the judgment and the clerk enters it.

Question 21

Inconsistency Between General Verdict & Written Questions

Answer 21

• In a case involving general verdict with written questions, if the answers are consistent with each other but inconsistent with the verdict, the court may enter an appropriate judgment consistent with the answers. (Or it can tell the jury to reconsider or order a new trial.)
• If the answers are inconsistent with each other and one or more is inconsistent with the general verdict, no judgment may be entered. (Again, the court may order the jury to reconsider or order a new trial.)

Question 22

Jury Misconduct

Answer 22

• If jurors were bribed, or based verdict on their investigation of matters outside of court instead of evidence at trial, a new trial can be ordered.
• Non-jurors may give first-hand evidence of such things. But a verdict will not be set aside if the misconduct was harmless

Question 23

Nonjury (bench) Trial

Answer 23

• When there is no jury (either Seventh Amendment did not apply or the parties waived the right to jury trial), the judge determines the facts at trial.
• The judge must record her “findings of fact” along with her conclusions of law (which are stated separately from her findings of fact).
• A judgment also must be entered. The judgment is very short—just telling who wins and, if plaintiff won, the relief granted.

Question 24

Motions at & after Trial: Motion for JMOL

Answer 24

• “Directed verdict”.
• The motion applies in jury trials.
  If the judge grants JMOL, the case will not go to the jury—the judge grants the motion and enters judgment. The motion is based upon evidence presented at trial.

Question 25

Standard for Granting JMOL & Comparison with Summary Judgment

Answer 25

• The standard for granting the motion is that reasonable people could not disagree on the result. It’s like summary judgment (where there was no dispute of material fact), except that this comes up at trial instead of before trial.
• Like summary judgment, the court views the evidence in the light most favorable to the non-moving party.

Question 26

Timing of JMOL

Answer 26

• A party can move for JMOL after the other side has been heard at trial on the issue.
• D may move for JMOL, once P has been heard at trial.
• P may not move until after D presents his evidence.
• Must be made before case goes to jury

Question 27

Renewed Motion for Judgment as a Matter of Law (RJMOL)

Answer 27

• An RJMOL is the same as a JMOL, but it comes up after trial.
• If an RJMOL is granted, ct enters judgment for the party that lost the jury verdict.
• As with a JMOL, ct views evidence in the light most favorable to the non-moving party.

Question 28

Timing of and Prerequisites for RJMOL

Answer 28

• The RJMOL must be made within 28 days after entry of judgment.
• The party must have moved for JMOL at the proper time at trial. Failure to do so waives RJMOL.
• RJMOL motion must be based upon same grounds as JMOL motion.

Question 29

Motion for New Trial

Answer 29

• Assume that judgment is entered, but some error at trial requires that we should start over and have a new trial.
• A new trial can be granted on any (non-harmless) error that makes the judge think there should be a do-over.
• A party must move for a new trial within 28 days of the judgment.

Question 30

Some Reasons a New Trial May be Granted Are:

Answer 30

• The judge gave an erroneous jury instruction;
• New evidence was discovered that could not have been discovered before with due diligence;
• Misconduct was committed by a juror, party, or lawyer, etc.;
• The judgment is against weight of the evidence (serious error of judgment); and
• Damages are inadequate or excessive.
• It’s possible that a party met the standard for RJMOL but waived it by not moving for JMOL at trial. That party could move for new trial on the grounds that the verdict is against the weight of the evidence.

Question 31

Remittitur & Additur

Answer 31

• To avoid a new trial, the court might suggest remittitur or additur.
• The ground for a new trial on this basis is that the jury’s damages figure is excessive or inadequate. The majority standard for this (including the federal) is whether the damages figure “shocks the conscience.”

Question 32

Remititur

Answer 32

• Remittitur is playing hardball with P.
• Ct offers P a choice:
  (1) remit part of the damages award or
  (2) go through a new trial.
• But note that the ct cannot simply lower the figure that was set by the jury (violates 7th am.)

Question 33

Additur

Answer 33

• Additur is playing hardball with D.
• The ct offers D a choice:
  (1) add to the damage award or
  (2) go through a new trial.
• Additur may be allowed in state ct but not federal ct; violates 7th Am.
• The 7th Am applies only in fed ct, so the states are free to recognize additur (not all states do so).

Question 34

Offer of Judgment

Answer 34

• D can submit formal offers to settle the case up to 14 days before trial.

Question 35

Motion for Relief from Order of Judgment

Answer 35

• After a judgment is entered, it is possible to obtain relief from it under certain circumstances.

Question 36

Appellate Review: Basic Idea

Answer 36

• FDC has entered an order or judgment, and the losing party wants to seek review by COA

Question 37

Final Judgment Rule

Answer 37

• The losing party has a right to appeal if the ct’s order is a final judgment (one that determines the merits of the entire case)
• If trial ct has anything left to do on the merits of the case it is not a final judgment but an “interlocutory order.”
• If not: judgment is final.
  -Remand orders are not reviewable on appeal.

Question 38

Notice of Appeal

Answer 38

-Notice of appeal must be filed with the D.C. within 30 days after entry of the judgment that is being appealed

Question 39

Interlocutory Appeals

Answer 39

• If the D.C.’s order is not a final judgment, it might be appealed using one of these doctrines
  (1) Interlocutory appeals of injunctions as of right
  (2) Interlocutory Appeals Act
  (3) Collateral Order Doctrine

Question 40

Interlocutory Appeals of Injunctions as of Right

Answer 40

• Orders granting, modifying, or refusing preliminary or permanent injunctions are reviewable as of right
• Does not include TROs.

Question 41

Changing nature of TRO

Answer 41

• Remember a TRO is good for a maximum of 14 days, renewable for up to another 14 days. If the TRO is renewed beyond 28 days, it ceases to be a TRO but rather becomes a preliminary injunction that may be appealed.

Question 42

Interlocutory Appeals Act
(CIOL; SGDO; COA)

Answer 42

The Interlocutory Appeals Act allows appeal of a nonfinal order if:
- District judge certifies that it involves a controlling issue of law;
- As to which there is substantial ground for difference of opinion; and
- COA agrees to hear it.

Question 43

Collateral Order Doctrine
(DMC; ILQ; UFJ)

Answer 43

• The appellate court has discretion to hear an appeal on an issue if that issue:
• Is distinct from the merits of the case;
• Involves an important legal question; and
• Is essentially unreviewable if parties await a final judgment

Question 44

Multiple Claims and Parties

Answer 44

When more than one claim is presented in a case, or when there are multiple parties, DC may direct entry of a final judgment as to 1/more of them if it makes finding that there is no just reason for delay.

Question 45

Class actions

Answer 45

• COA has discretion to review an order granting or denying certification of a class action.
• The party seeking review must do so at the COA within 14 days of order.

Question 46

Extraordinary writ (Mandamus or prohibition)

Answer 46

• Is an original proceeding in the COA to compel the district judge to make or vacate a particular order.
• The writ is not a substitute for appeal. It is available only if the district court is violating a clear legal duty

Question 47

Standards of Review on Appeal

Answer 47

• If district judge decides questions of law, COA uses a de novo standard (no deference is given to the district judge when reviewing that decision)
• Included is when a judge gives a jury instruction that summarizes a question of law.

Question 48

Questions of Fact in a Bench Trial

Answer 48

• When the district judge determines QOF, COA will affirm unless the findings are clearly erroneous.

Question 49

Review of Question of Fact in a Jury Trial

Answer 49

• Findings of fact by a jury are given great deference.
• When jury decides QOF, COA will affirm unless reasonable people could not have made that finding.

Question 50

Review of Discretionary Matters

Answer 50

• On discretionary matters (for example, whether to grant a motion to amend pleadings, to allow permissive intervention) that the judge decides, the COA will affirm unless the DC judge abused her discretion.
• This is also a deferential standard. A COA judge might not agree with the DC judge’s decision, but so long as what the DCjudge did was “in the ballpark,” that decision must be affirmed.

Question 51

Harmless Error

Answer 51

Not every error (even an error of law) requires reversal on appeal. No reversal is required if the error is harmless; that is, it did not affect the outcome of the case.