Motions and Trial by Jury

Question 1

Motions for summary judgements can be filed up to?

Answer 1

30 days after the close of discovery

Question 2

Motion for Summary Judgment

Answer 2

Court will grant summary judgment if:

party opposing the motion fails to present sufficient admissible evidence demonstrating a genuine issue of material fact for trial; and judgement is proper as a matter of law

Question 3

Burden of proof for motion for summary judgement

Answer 3

Movant has initial burden of persuasion/ proper timely motion shifts the burden to the nonmoving party to show proper evidence

Question 4

Motion for Judgment as a matter of law (JMOL)

Answer 4

Court will grant JMOL if:

-there is a legally insufficient evidentiary basis;
-from which a reasonable jury could find in favor of the nonmoving party

Question 5

What is the timeframe for JMOLs

Answer 5

May be filed after the the case has been rested, but before the jury begins deliberations

Question 6

Renewed motion for judgement as a matter of law

Answer 6

Court will grant if:

-there was a legally insufficient evidentiary basis;
-from which a reasonable jury could have found for the nonmoving party

Question 7

Timeframe for renewed motions for judgment as a matter of law

Answer 7

If party moved for JMOL before the jury began deliberations, party may renew its motion for JMOL within 28 days of judgment

Question 8

Motion for new trial

Answer 8

granted if:

-there were errors at trial affecting the parties substantial trial rights; or
-the verdict was merely against the manifested weight of the evidence

Question 9

Time frame for motion for new trial

Answer 9

May be filed up to 28 days after the judgment

Question 10

Right to trial by jury timeframe

Answer 10

Must file a written demand for trial by jury within 14 days of service of:

-the last complaint that contains a trial by jury claim; or
-the last answer that responds to a trial by jury claim

Question 11

Constitutional right to trial by jury is for claims that seek?

Answer 11

monetary damages

Question 12

Jury composition

Answer 12

In federal court, the jury must have between 6 and 12 members and the verdict must be unanimous

Question 13

For cause: challenges to jurors

Answer 13

Challenge for cause can be based on a juror who:

-lied during void dire; or
-cannot be impartial b/c they have financial or familial interest in one of the parties

Question 14

Peremptory challenges: challenges to jurors

Answer 14

Each party gets three peremptory challenges; a juror can be challenged for any cause except race or gender