Post-Trial Motions

Question 1

JMOL/Directed Verdict

Answer 1

based on E in light most favorable to nonmoving, reasonable people couldn’t disagree

-Fed: after other side fully heard

Question 2

Renewed JMOL / JNOV

Answer 2

Fed: w/in 28 days of judgment + on same grounds as prior

CA: w/in 15 days of notice of entry of judgment (no prior req.)

Question 3

New Trial

Answer 3

Fed: w/in 28 days of judgment

CA: w/in 15 days of notice of entry of judgment

Any non-harmless error (jury instruction, new E couldn’t get before, misconduct, judgement against weight of E)

Question 4

Set Aside Judgment

Answer 4

judgment void (SMJ) or clerical error = anytime

everything else: reasonable time up to 1 year