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Flashcards in POST-TRIAL MOTIONS Deck (22)
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1
Q

Motion for judgment as a matter of law (JMOL).

A

For centuries, this was called “directed verdict.” It applies in jury trial. If the judge grants JMOL, the case will not
go to the jury – the judge simply rules for a side.

The motion is based upon evidence presented at trial.

2
Q

Why would a judge grant JMOL and refuse to let the jury decide the case?

A

Because reasonable could not disagree on the result

3
Q

How is evidence viewed for JMOL?

A

Like summary judgment, the court views the evidence in the light most favorable to the non-moving party.

4
Q

When can a party move for JMOL?

A

After the other side has been heard at trial

5
Q

Renewed motion for judgment as a matter of law (RJMOL).

A

THIS IS THE SAME AS JMOL BUT COMES UP AFTER TRIAL.

As with JMOL, the court views the evidence in the light most favorable to the non-moving party

6
Q

When is RJMOL Proper?

A

Must have moved for JMOL at trial. Then we use RJMOL because the jury reached a conclusion that reasonable people could not have reached

7
Q

If RJMOL is granted…

A

the court enters judgment for the party that lost the jury
verdict!

8
Q

When do you move for RJMOL?

A

Within 28 days after entry of judgment.

9
Q

What is an absolute prerequisite to bringing RJMOL?

A

You must have moved for JMOL at a proper time at trial; if you did not do that, you waived RJMOL

10
Q

Motion for a new trial

A

Judgment is entered, but some error at trial requires that we should start over and have a new trial. Can be based on any (non-harmless) error that makes the judge think
we should have a do-over.

11
Q

Timing for motion for a new trial

A

Party moves for this within 28 days after judgment.

12
Q

Examples of Errors in which a motion for new trial would be proper

A
  1. Judge gave an erroneous jury instruction;
  2. New evidence that could not have been gotten before with due diligence;
  3. Misconduct by juror or party or lawyer, etc.
  4. Judgment is against weight of the evidence (serious error of judgment);
  5. Inadequate or excessive damages.
13
Q

What are your options if you waive RJMOL?

A

Motion for new trial

14
Q

Ordering new trial is less drastic than ordering RJMOL. Why?

A

It results in starting over, so so the same party might still win

15
Q

One ground for new trial is that the jury’s damages figure is excessive or inadequate. What is the standard for ordering new trial on this ground?

A

The damages figure shocks the conscience

16
Q

But new trial is a lot of work. To avoid a new trial, the court might suggest…

A

remittitur or additur

17
Q

Remittur

A

The court finds the damages figure is so high it shocks the conscience, it can order new trial or suggest remittitur.

This gives P a choice: take a lesser amount (which the court sets) or go through new trial.

The court cannot simply lower the amount.

18
Q

Is remittitur OK in state and federal court?

A

Yes - ok in both

19
Q

Additur

A

The court finds the damages figure shocks the conscience because they are too low.

It can order new trial or suggest additur. This gives D a choice: pay a greater amount in damages (which the court sets) or go through new trial.

20
Q

Is additur OK in state and federal court?

A

It is ok in State Court; it is UNCONSTITUTIONAL in Federal Court

Additur violates the Seventh Amendment. Because that applies only in federal court, state courts are free to recognize additur.

21
Q

Motion for Relief from Order or Judgment.

A

Here, we ask the district court to set aside an order or judgment it entered

22
Q

Types of Motions for Relief from Order or Judgment and their respective timings

A
  1. Clerical error
    • Anytime
  2. Mistake, excusable neglect
    • Reasonable time (never more than 1 year)
  3. New evidence that could not have been discovered with due diligence for a new trial motion
    • Reasonable time (never more than 1 year)
  4. Judgment is void (e.g., no SMJ)
    • Reasonable time (no maximum)