Conferences, Trial, Judgment, Post-Trial Motions Flashcards
(27 cards)
Rule 26(f) Conference
Unless a court order states otherwise, at least 21 days before the court’s scheduling order, the parties must meet and confer to discuss
1) production of initial disclosures
2) claims and defenses
3) settlement
4) preservation of discoverable material
Discovery Plan (Rule 12(f))
The parties must present to the court a detailed discovery plant no later than 14 days after the Rule 26(f) conference
The plan must include views and proposals on timing, issues about ESI (including how it will be produced and any problems retrieving it)
Scheduling Order
Unless local rules or court order states otherwise, the court enters a scheduling order that sets cut-offs for joinder, amendment, motions, and completion of discovery
Pretrial Conferences
The court may hold multiple pretrial conferences to oversee the case
FINAL PRETRIAL CONFERENCE
A final pretrial conference is held as close to trial as reasonable
- this results in a final pretrial conference order which supersedes the pleadings (roadmap of issues, evidence, and witnesses to be presented at trial)
Right to a Jury Trial
The 7th amendment preserves the right to a jury in civil actions at law - but not in suits at equity (only applies in federal court)
Mixed Suits of Law and Equity (jury trial)
If a case includes both law and equity, facts underlying the law will be tried by a jury, while facts wholly related to an equity claim are tried by the judge (jury is usually tried first)
If a fact underlies bother law and equity claims, the jury decides the fact
Jury Demand
A party must make a jury demand in writing no later than 14 days after service of the last pleading addressing a jury triable issue (usually the answer)
If parties fail to do so, the right to a jury is waived
Jury Selection
In the selection process (voir dire), each side may ask the court to seek potential jurors
For Cause Challenges:
- ask the court to strike a juror for bias or impartiality
- parties have unlimited for cause challenges
Preemptory Challenges:
- challenges that state no reason for the dismissal
- each side is limited to three preemptory challenges
- may only be used in a race and gender neutral manner (selection constitutes state action)
Jury Composition
Federal court requires a minimum number of six and a maximum number of twelve jurors, unless the parties agree otherwise
Jurors may be dismissed for good cause, so long as at least six jurors participate in reaching the verdict
the verdict must be unanimous unless the parties agree otherwise
Jury Instruction Proposal
At the close of evidence, parties submit proposed jury instruction to the judge (earlier if the court states so)
Conference Regarding Jury Instructions
The judge may hold a conference “off the record” with the parties to discuss instructions
ON THE RECORD:
- before final arguments and instructions, and on the record, the court must inform 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 (if not made the objections are waived)
CLEAR ERROR
- if there was no objection, a court can only revisit jury instructions for clear error that a party’s rights were affected
Jury Verdicts Generally
The jury verdict must be unanimous unless the parties agree otherwise
The judge has discretion to decide what type of verdict is to be used
Types of Verdicts
General Verdict - The jury finds for the plaintiff or defendant, and, if for the plaintiff, what relief is
Special Verdict - the jury answers, in writing, specific written questions about the facts in dispute, but does not say who wins or loses
General Verdict With Written Questions - the jury gives a general verdict and answers specific questions submitted to it
Entry of Judgment (Jury Verdict)
If the jury returns a general verdict, the clerk of court will enter judgment
If a special or general with written questions is submitted, and the answers are consistent with each other than the verdict, the judge approves the judgment and the clerk enters it
Inconsistency between General verdict and 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
If the answers are inconsistent with each other and one or more is inconsistent with the verdict, no judgment may be entered (must reconsider or new trial)
Juror Misconduct
A verdict may be impeached based upon external factors. However, a verdict will not be set aside if the misconduct was harmless.
Bench Trial
In a bench trial, the judge determines the facts at trial
The judge must record his findings of fact on the record (orally or written) along with his conclusions of law (stated separately from the findings of fact)
Motion for Judgment as a Matter of Law (JMOL) (Directed Verdict)
A Party can move for JMOL at any time before the case is submitted to the jury, but the court may not grant the motion until after the nonmoving party has been fully heard at trial on the issue.
To grant the motion, the court must find that a reasonable jury would not have a legally sufficient basis to find for the nonmoving party. The court views the evidence in light most favorable to the nonmoving party.
NOTE: similar to summary judgment, but filed at trial
Renewed Motion for Judgment as a Matter of Law (RJMOL)
A RJMOL is the same as a JMOL, but is raised after the trial. If granted, the court enters judgment for the party that lost the jury verdict (reverses the verdict)
The RJMOL must be made within 28 days after entry of judgment. The party must have also moved for a JMOL at the proper time in trail (failure to do so waives RJMOL). Additionally, the RJMOL must be based on the same grounds as the JMOL.
Motion for New Trial
A new trial may be granted on the basis of any non-harmless error that the judge believes calls for a new trial.
A party must move for a new trial within 28 days of entry of judgment
Reasons for granting a new trial
1- judge gave an erroneous jury instruction
2- new evidence was discovered that could have have been discovered before with due diligence
3- misconduct was committed by a juror, party, or lawyer
4- the judgment is against the weight of the evidence
5- damages are inadequate or excessive
Waiver of RJMOL but New Trial
If a party waived RJMOL by not raising a JMOL, it is possible to move for a new trial on the grounds that the verdict is against the weight of the evidence
Remittitur and Additur
the grounds for remittitur and additur are that the jury’s damages figure is excessive or inadequate
Remittitur
If the judge believes the jury’s damages is so excessive as to shock the conscious, the judge may offer the plaintiff a choice:
1) remit part of the damages; or
2) order a new trial
The court may not decide to lower the figure on its own because this would violate the 7th amendment
