Trial

Question 1

38

Answer 1

Right to a jury trial; Demand

Question 2

38(b)

Answer 2

(b) any issue triable of right by a just, a party may demand a jury trial by:
(1) serving the other parties with a written demand no later than 14 days after last pleading
(2) rule 5(d)

Question 3

38(d)

Answer 3

a party waives a jury trial unless its demand is properly served and filed

Question 4

39

Answer 4

trial by jury or by the court

Question 5

40

Answer 5

scheduling cases for trial

Question 6

41

Answer 6

dismissal of actions

Question 7

41(a)

Answer 7

Voluntary Dismissal; Effect

(1) by plaintiff - file a notice of dismissal before the opposing party serves either an answer or motion for summary judgment, or a stipulation of dismissal signed by all parties who have appeared.
(2) by court order

Question 8

41(b)

Answer 8

Involuntary Dismissal; Effect
a defendant may move to dismiss action or any claim against it - if granted, operates as an adjudication on the merits (gives preclusion as an affirmative defense). unless it is a dismissal is for lack of jurisdiction, improper venue, or failure to join a party under 19.

Question 9

41(c)

Answer 9

dismissal of a counterclaim

Question 10

42(a)

Answer 10

consolidation
(a) consolidation: if actions before the court involve a common question of law or fact, the court may join all matters at issue, consolidate the actions or issue any other orders to avoid unnecessary cost or delay

Question 11

42(b)

Answer 11

separate trials
(b)for convenience, to avoid prejudice, or to expedite and economize,  court may order a separate trial of one or more issues, claims, crossclaims, counterclaims, or third-party claim.

Question 12

43

Answer 12

Taking Testimony

(a) witnesses’ testimony must be taken in open court

Question 13

44

Answer 13

Proving an official record

Question 14

44.1

Answer 14

Determing foreign law

Question 15

45

Answer 15

Subpeona

Question 16

46

Answer 16

Objecting to a Ruling or Order
a formal exception is unnecessary. when requested, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection

Question 17

47

Answer 17

Selecting Jurors

Question 18

47(a)

Answer 18

courts may permit the parties or their attorneys to examine prospective jurors

Question 19

47(b)

Answer 19

Peremptory challenges;

courts must allow the number of challenges provided by 28 USC 1870

Question 20

47(c)

Answer 20

Excusing a juror

May excuse juror for good cause

Question 21

48

Answer 21

(a) Number of jurors; begin with at least 6 and no more than 12
(b) verdict; verdict must be unanimous unless stipulated otherwise
(C) polling; court can poll jurors individually after a verdict and before discharged

Question 22

49

Answer 22

special verdict; general verdict with answers to written questions

Question 23

50(a)

Answer 23

Judgment as a matter of law

Question 24

50(b)

Answer 24

Renewing the motion after trial; alternative motion for a new trial

Question 25

50(c)

Answer 25

Granting the renewed motion; conditional ruling on am motion for a new trial

Question 26

50(d)

Answer 26

time for a losing party’s new-trial motion

Question 27

50(e)

Answer 27

denying the motion for judgment as a matter of law; reversal on appeal

Question 28

51

Answer 28

instructions to the jury; objections; preserving a claim of error

Question 29

52

Answer 29

findings and conclusions by the court; judgment on partial findings

Question 30

53

Answer 30

Masters