Post-Trial Motions

Question 1

When may a party file a renewed JMOL

Answer 1

Party may file renewed JMOL under Rule 50(b) when party filed a losing JMOL during trial

Question 2

When must renewed JMOL be filed

Answer 2

Renewed JMOL must be filed within 28 days of entry of judgement (or discharge of the jury if the motion addresses a jury issue not decided by verdict)

Question 3

What are the possible outcomes of renewed JMOL

Answer 3

In ruling on renewed JMOL, court may:
1. allow the verdict to stand
2. enter the opposite verdict
3. order a new trial (including in situations where a motion for a new trail wasn’t made)

Question 4

When must a motion for a new trial be filed

Answer 4

Must be filed within 28 days of entry of judgement

Question 5

What are grounds for granting a motion for a new trial?

Answer 5

1. Against the great weight of the evidence
2. excessive damages
3. procedural error or misconduct
4. newly discovered evidence

Question 6

What factors can the court take into account when determining whether to grant a new trail on the basis of the judgement being against the great weight of the evidence?

Answer 6

Court can take into account comparative volume and credibility of evidence

Question 7

When may court grant new trial on grounds of excessive damages?

Answer 7

When the jury returns a verdict that is “grossly excessive” or “shocks the conscience” regarding the extent of damages

Question 8

What options are available other than a new trial if a court finds excessive damages have been awarded?

Answer 8

The court may choose an appropriate amount of damages and let P choose between accepting the revised amount and doing a new trial

Question 9

When may a new trail be granted based on procedural error or misconduct?

Answer 9

1. error or misconduct likely affected the result of the trial
2. party objected to error when they had the opportunity to do so

Question 10

What types of procedural errors may provide grounds for a new trial?

Answer 10

-wrongful exclusion of evidence
-ex parte communication with judge
-incorrect jury instructions

Question 11

When will newly discovered evidence provide grounds for grant of new trial?

Answer 11

If evidence could not with reasonable diligence have been found before verdict and will likely change results
-new evidence can’t just be for impeachment

Question 12

What is a motion for relief from judgement

Answer 12

Under Rule 60 a party can ask court to “undo” a judgement and set aside the judgrement

Question 13

when must a motion for relief from judgement be made?

Answer 13

Motion must be made within reasonable time after learning of grounds for motion

Question 14

When may a motion for relief from judgement be made within one year?

Answer 14

1. mistake, inadvertence or excusable neglect
2. newly discovered evidence
3. fraud, misrepresentation or misconduct by party

Question 15

What are ground for motion for relief from judgement?

Answer 15

1. mistake, inadvertence, excusable neglect
   2 newly discovered evidence
2. fraud, misrepresentation or misconduct by a party
3. judgement is void based on court’s lack of SMJ or PJ
4. judgement has been satisfied
5. any other reason that justifies relief