Trial, Judgment, and Post-Trial Motions

Question 1

At least 21 days before the court enters its scheduling order, the parties must…

Answer 1

meet and confer in a Rule 26(f) conference.

Question 2

No later than 14 days after the Rule 26(f) conference, the parties must present to the court a…

Answer 2

discovery plan.

Question 3

A discovery include must include party’s views and proposals on the…

Answer 3

1. Timing;
2. Issues coming up about discovery of ESI; and
3. Any problems in retrieving ESI.

Question 4

The only type of discovery allowed to be served before the Rule 26(f) conference is…

Answer 4

RPDs, but the deadline for responses will not begin to run until after the conference.

Question 5

A scheduling order is a…

Answer 5

roadmap of the procedure of the matter until trial.

Question 6

A court may hold pretrial conferences to…

Answer 6

oversee the progress of the case.

Question 7

There will be a final pretrial conference to determine…

Answer 7

the issues to be tried and the evidence to be proferred at trial.

(roadmap for trial)

Question 8

Juries determine…

Answer 8

the facts.

Question 9

The 7th Amendment preserves the right to jury trial in federal court in…

Answer 9

civil actions at law.

(not in equity)

Question 10

A mixed suit (law/equity) will be tried:

Answer 10

1. First to the jury (facts underlying damages claim); and then
2. Facts relating only to the equity claim are tried to the judge.

Question 11

A jury must be demanded…

Answer 11

in writing, within 14 days after last pleading showing jury triable issue.

Question 12

Generally, in federal court, each side is limited to ____ preemptory challenges.

Answer 12

3.

Question 13

Preemptory challenges must be used in a…

Answer 13

race and gender neutral manner.

Question 14

The jury size in federal court is…

Answer 14

minimum 6; maximum 12.

(unless parties agree otherwise)

Question 15

In federal court all jurors…

Answer 15

must participate and decide unanimously.

Question 16

Any objection to jury instructions must be raised…

Answer 16

before the jury is charged.

Question 17

A general verdict states…

Answer 17

who wins and what the relief is.

Question 18

A special verdict states…

Answer 18

in writing, specific written questions about the facts of the case, but does not state who wins or loses.

Question 19

A combination general verdict with written questions…

Answer 19

gives the general verdict and also answers written questions that were submitted to it.

Question 20

The verdict comes from…

Answer 20

the jury.

Question 21

Entry of judgment comes from…

Answer 21

the court.

Question 22

General verdicts are entered…

Answer 22

by the court.

Question 23

Special verdicts are approved by…

Answer 23

the judge, and then entered by the clerk.

Question 24

A jury verdict may be impeached based on…

Answer 24

external matters.

Question 25

A judge at a bench trial must make record of her…

Answer 25

1. Findings of fact; and
2. Conclusions of law.

Question 26

A motion for judgment as a matter of law (JMOL) is based on evidence…

Answer 26

Offered at trial.

Question 27

The standard for entering a JMOL is that…

Answer 27

reasonable people could not disagree on the result.

Question 28

The court views evidence for a JMOL in…

Answer 28

the light most favorable to the nonmoving party.

Question 29

A party can move for JMOL after the other side…

Answer 29

has been heard at trial on that issue.

Question 30

A renewed motion for judgment as a matter of law (RJMOL) can be brought…

Answer 30

within 28 days after entry of the final judgment on the matter.

Question 31

To bring a motion for RJMOL, a party must have…

Answer 31

motioned for JMOL at trial on the same matter.

Question 32

A motion for a new trial can be brought based on…

Answer 32

any nonharmless error that makes the judge consider a do-over.

E.g., discovery of new evidence; wrong jury instructions read; misconduct by parties.

Question 33

Remittitur is a procedure under which the court may order the reduction of an excessive verdict when the damages…

Answer 33

shock the conscience.

Question 34

In a remittitur procedure, the Plaintiff has the choice between:

Answer 34

1. Remitting the damages; or
2. A new trial.

Question 35

The court may not order the Plaintiff to accept a new damages figure because…

Answer 35

it would violate the 7th Amendment.

Question 36

Additur is not allowed in federal court because…

Answer 36

it would violate the 7th Amendment.

Question 37

An offer of judgment is when…

Answer 37

a Defendant submits formal offers to the Plaintiff at least 14 days before trial.

Question 38

The benefit of an offer for judgment is that the rule has a…

Answer 38

cost-shifting provision that will apply when the Plaintiff rejects an offer to settle and then does not receive the offer amount at trial.

Then, the Plaintiff is liable to the Defendant for her litigation costs incurred after the offer was made.

Question 39

A motion to set aside judgment can be made when…

Answer 39

1. There has been a clerical error;
2. The judgment was based on mistake or excusable neglect; or
3. The judgment is based on fraud, misrepresentation, or misconduct; OR
4. Because of newly discovered evidence could not have been discovered with due diligence in time for a new trial (but existed at time of trial).

Question 40

A motion to set aside judgment must be brought…

Answer 40

within a reasonable time, and never after more than a year.