Trial and Post-Trial Procedure

Question 1

A verdict form asking several specific questions regarding how the jury decided specfic facts in the case is called:
1. A special verdict form.
2. A general verdict form.
3. A directed verdict form.
4. A general verdict form with interrogatories.

Answer 1

A general verdict form with interrogatories.

In such a case, the jury is asked to give a general verdict and also to answer specific questions concerning certain ultimate facts in the case.

Question 2

JMOL and Motion for New Trial Effect on Appellate Review

Answer 2

• JMOL(y), RJMOL(y), Mo.NewTr(y)= Proper objection to sufficiency of evidence maintained and can result in a judgment, preservation of the issue to get a new trial.

In essence:
* JMOL + RJMOL + Mo.NewTr = Abiilty for judgment OR new trial.
* JMOL + Mo.NewTr= New trial ONLY, NO JUDGMENT.

Question 3

When a verdict shows on its face that the jury failed to follow the court’s instructions, the verdict may be set aside, and what may the Court do next?

2 Options

Using a General Verdict Form with Interrogatories

Answer 3

• Jury will be asked to reconsider its verdict, or
• A new trial will be ordered.

Question 4

What is the timeframe to request a Jury Trial?

Answer 4

14 Days.

Under Federal Rule 38, a party who desires a jury trial (on some or all fact issues) must file a written demand with the court and serve it on the parties. Failure to make such a demand within 14 days after the service of the last pleading directed to the jury-triable issue constitutes a waiver by that party of any right to trial by jury.

Jury trial CAN ONLY BE WITHDRAWN with consent of all parties once demanded.

Example:
Here, the last pleading on the issue was the answer, and more than 14 days elapsed before the woman demanded a jury trial.

Question 5

What is the time frame to relieve a party from a final judgment or order based on fraud, misrepresentation, or other misconduct of an adverse party?

Answer 5

Such a motion MUST be made within a reasonable time not to exceed one year.

NOTE

The answer WILL NOT be, “there is no time limit,” or something of the likes.

Question 6

When the jury’s answers accompanying a general verdict are consistent with each other but are inconsistent with the general verdict, the court may:

Answer 6

1. Enter a judgment that is consistent with the answers, disregarding the general verdict;
2. Enstruct the jury to deliberate further regarding its verdict and answers; or
3. Order a new trial.

NOTE
Similar to the other scenario, but this one includes the remedy to change the ruling to reflect the consistent answer/rationale.

Question 7

Can P object to the to the form of the questions in a special verdict before they are given to the jury?

Answer 7

YES!

Otherwise, P will have waived his objections to the form of the questions when he did not object before they were given to the jury.