Summary JMT 56, JMOL 50a1, RJMOL 50b Flashcards
(29 cards)
Entry of the Judgment
What does this mean for timing:
- Entry of the JMT starts the clock for bringing post JMT motions:
- motion for RJMOL
- motion for new trial
- motion to set aside JMT
- losing party’s filing notice of appeal (30d from entry of JMT)
the American Rule - 54d
Generally, the prevailing party is entitled to recover the costs from the loser.
However, the winner is generally NOT entitled to recover her attorney’s fees from the other side.
Exception to the American Rule
When P in a Diversity of Citizenship case
Recovers LESS than 75K
MAY be required to pay the D’s costs
Summary JMT - 56
56 Before trial Ct determines that there is NO genuine dispute of any material fact, it MAY enter JMT as a matter of law, w/o a trial
Adjudication consists of
- determination of facts
2. application of the law to facts
Only reason to have a trial is to:
Resolve genuine disputes of material facts.
Motion to dismiss for a failure to state a claim - 12(b)(6) (vs. Summary JMT - 56)
12b6: aimed at the claimant’s allegations
- only to test whether the claimant has alleged ENOUGH to get past the PLDG stage, case remains in the litigation stream
- NOT look at evidence that might be admitted at trial
- NOT look beyond the face of the pleadings
- Ct ASSUMES all allegations of fact are TRUE, PLAUSIBLY support a claim cognizable by the law
Summary JMT (vs. Motion to dismiss for a failure to state a claim 12b6)
Summary JMT is NOT a tool for trying the facts (trying of facts is done at trial):
- To determine whether the facts are in dispute at all
- ANY PARTY may move for summary JMT
With Summary JMT:
- P as STATED a claim.
- the case is IN the LITIGATION STREAM
- perhaps parties have gone thru PLDG, motions, discovery
- Ct considers evidence!
If EVIDENCE shows NO DISPUTE OF FACT -> the movant is entitled to summary jmt (56(a))
Partial Summary JMT
A party can seek summary JMT for “a claim or defense” or on a “PART of each claim or defense”
- If part of claim/defense is granted summary JMT, case can proceed to trial on contested issues of material fact (jury is instructed the undisputed facts as established).
Who can make motion for Summary JMT
- Ordinarily a party (P or D) will make a motion for summary JMT.
- Ct may enter it sua sponte, but rarely (heavy hands)
When to make motion for Summary JMT - 56b
56b
- “at any time until 30d after close of all discovery”
- Ct has discretion in setting the timing for hearings and responses to summary JMT
- local rule/Ct order can permit different timing
What materials are used in Summary JMT 56c1, 56c4
56(c)(1) permits party to reply on particular parts of the record, “including depositions, documents, ESI, affidavits or declarations, stipulations, admissions, interrogatory, answers, or other materials.”
*Pleadings are generally NOT considered in assessing Summary JMT (not under oath), but nonverified PLDG MIGHT be relevant when containing an admission
- affidavits or declarations are commonly used
56(c)(4) requires affidavits / declarations be:
1. made on personal knowledge
2. set out facts that would be admissible in evidence
3. show that the affiant or declarant is competent to testify on the matters stated
JMOL 50(a)(1)
[Judgment as a Matter of Law]
At trial, or after trial, when the judge concludes the jury should not be permitted to determine the facts –> the case should not go to the jury
= directed verdict
RJMOL 50(b)
[Renewed Judgment as Matter of Law]
- Judge let the case go to the jury
- Jury reached a conclusion that r-ble ppl simply could NOT have reached
- RJMOL granted -> enter JMT for the other party!
JMOL and RJMOL are NOT disrespectful of the jury because:
Even under the 7th amendment, there is NO absolute right to a jury trial in a CIVIL case in Federal ct.
(vs. in Criminal case: D has an ABSOLUTE right to a jury trial)
JMOL v. Summary JMT
- essentially: TIMING
- Summary JMT: brought BEFORE trial - granting it obviates need for trial!
- JMOL: AT trial, based on trial evidence - granting it obviates the need to have the jury deliberate!
RJMOL should be brought no more than
28d after Entry of JMT
- *the movant must have moved for JMOL appropriately at trial (AKA moved for JMOL after the the other party has been fully heard)
What justified JMOL & RJMOL
JMOL: NO legally sufficient evidence to justify having the jury consider it
RJMOL: NO legally sufficient evidence to find for the party who won the jury’s verdict
Timing of JMOL 50(a)(1)
A party can move for JMOL ONLY AFTER the other party has been fully heard on an issue in a jury trial
- P “puts on her evidence and rests” = P has been fully heard -> D may move for JMOL
- D puts on her evidence and rests
- > the evidence is closed -> Both sides can move for JMOL
BUT BEFORE THE CASE gets submitted to the jury
Who may move for JMOL
- ANY party
- Ct can enter JMOL on its own, sua sponte! (w/o a motion from a party)
- RJMOL should NOT be granted w/o a motion by a party
There are 2 appropriate times when D can move for JMOL
1st when: P has been fully heard
2nd when: Both P + D have been fully heard
If a party does NOT move for JMOL =
The party WAIVED the right to seek RJMOL
What path can a party who FAILED to move for JMOL (thus WAIVED the right to seek RJMOL) take, post-JMT?
Move for a new trial
If Ct DENIES RJMOL, the moving party can
still move for a new trial
