Post Trial Issues

Question 1

What is a renewed judgment as a matter of law? (RJMOL)

Answer 1

An RJMOL occurs after the jury has reached a verdict, contending that reasonable people could not disagree on the result, and asks for a JMOL. The losing party MUST have filed a JMOL or they cannot later file a RJMOL.

Question 2

What is the timing for an RJMOL in both federal and state court?

Answer 2

Federal: Within 28 days after the entry of judgment

CA: Within 15 days after mailing or service of notice of entry of judgment, or 180 days after the entry of judgment

Question 3

What is a Motion for a Judgment Notwithstanding the Verdict

Answer 3

This is CA’s version of a RJMOL. A judgment as a matter of law in CA courts is a directed verdict and a RJMOL is called a Judgment notwithstanding the verdict. (JNOV)

Question 4

What is a motion for new trial?

Answer 4

After judgment has been entered, the losing party requests a new trial based on errors made at trial.

Question 5

When must a motion for new trial be made?

Answer 5

Federal: Within 28 days after the entry of judgment

CA: Within 15 days after mailing or service of notice of entry of judgment, or 180 days after the entry of the judgment

Question 6

What are grounds for new trial?

Answer 6

Prejudicial error rendering the judgment unfair;
New evidence;
Prejudicial misconduct;
Judgment against the weight of the evidence;
Excessive damages or inadequate damages

Question 7

What can motions to set aside a judgment be based on?

Answer 7

Clerical errors; 
neglectful mistakes; 
newly discovered evidence;
Fraud, Misrepresentation, or other misconduct; 
judgment is void for lack of due process

Timing must be right, motions to set aside a judgment based on fraud, neglectful mistakes, or newly discovered evidence may not be brought more than one year after the judgment

Question 8

What is remittitur?

Answer 8

Remittitur occurs when a judge orders that a new trial for the defendant will take place unless the plaintiff agrees to a reduced award of damages, because the judge finds the damages awarded by the jury to shock the conscience.

Question 9

What is a additur?

Answer 9

An additur occurs when a judge orders that the plaintiff will get a new trial unless the defendant agrees to an increases award because the judge finds the damages award by the jury were insufficient.

Question 10

Where is additur permitted?

Answer 10

In CA courts, Federal courts d no permit additur.