Conferences, Trial, Judgment, & Post-Trial Motions Flashcards
(21 cards)
What is the Rule 26(f) conference? When must it be held?
At least 21 days before the court’s scheduling order, the parties “meet and confer” to discuss production of required initial disclosures, claims, defenses, settlement, and preservation of discoverable information.
When must parties present to the court a detailed discovery plan?
No later than 14 days after the Rule 26(f) conference
What must be in the discovery plan?
views and proposals on timing, issues about discovery of ESI, including how it will be produced and any problems retrieving it
What is a scheduling order?
The court’s entry of an order setting cut-offs for joinder, amendment, motions, completion of discovery, etc.
What is the final pretrial conference? How is it recorded?
Determines the issues to be tried and evidence to be proffered at trial
Recorded in the pretrial conference order
What amendment gives the right to a jury trial in civil actions at law?
7th Amendment
What happens in a jury trial where there is a mixed suit of law and equity?
Law Claims - tried by jury first
Equity Claim - tried by the judge
How does a party exercise its right to a jury trial?
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)
What are the two ways jurors are struck from paneling?
- For Cause Challenges (unlimited; for potential bias)
- Peremptory Challenges (no reason; three per SIDE; not race or gender related)
How many jurors must be in a civil jury in federal court?
6-12
What are the three types of verdicts?
General Verdicts: says who wins and, if plaintiff wins, what the relief is.
Special Verdicts: the jury answers specific written questions about the facts in dispute, but it does not say who wins or loses.
General Verdict with Written Questions: the jury not only gives a general verdict, but it also answers specific questions submitted to it
What is a motion for judgment as a matter of law (JMOL)?
A request for the judge to rule on the evidence presented at trial, rather than letting it go to the jury.
The judge views the evidence in the light most favorable to the non-moving party and assesses whether reasonable people could disagree as to the result.
If he finds that reasonable people could not disagree, he will issue a judgment as a matter of law.
How does the judge view the evidence in a JMOL motion?
The court views the evidence in the light most favorable to the non-moving party.
When must a JMOL motion be made?
any time before the case is submitted to the jury, but a court may not grant the motion until the party opposing the motion has been heard at trial on the issue.
What is a renewed judgment as a matter of law (RJMOL)?
Same as JMOL but after trial
If granted, reverses the judgment for the party that LOST the jury verdict
What is the timing for an RJMOL motion? What is the procedural requirement?
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.
What is a motion for a new trial?
After a judgment is entered, some error at trial requires that we should start over and have a new trial.
When must a party move for a new trial?
Within 28 days of the judgment
What are some reasons a new trial might be ordered?
- 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
What are remittitur and additur?
remittitur allows a judge to decrease a jury’s damage award, while additur allows a judge to increase it
Under what circumstances can relief from an order or judgment be granted?
- Clerical Error (any time)
- Mistake (reasonable time under 1Y)
- Fraud etc. (reasonable time under 1Y)
- Newly discovered evidence that could not have been discovered with due diligence (reasonable time under 1Y)
- judgment is void (i.e., no SMJ) (reasonable time; no max)
