MBE CIVIL PROCEDURE: Jury Trials & Post-Trial Motions

“enhancing” the verdict is called and is prohibited by the 7th Amendment.

additur

After polling the jury, what actions can the judge take if there is a lack of unanimity or assent : or ask jurors to deliberate further. FRCP 48(c)

Order a new trial

After polling the jury, what actions can the judge take if there is a lack of unanimity or assent : Order a new trial or ask jurors to deliberate further. FRCP 48(c)

ask jurors to deliberate further.

Allows a party to dismiss a juror for any reason, as long as the reason is race and gender neutral. FRCP 47(b)

peremptory challenges

Allows the jury to decides in favor of P or D without listing specific factual findings. FRCP 49

general verdict

An objection is timely if: A party objects at the opportunity provided under or A party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused. FRCP 51(c)(2)

Rule 51(b)(2);

An objection is timely if: A party objects at the opportunity provided under Rule 51(b)(2); or A party was of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused. FRCP 51(c)(2)

not informed

An objection is timely if: A party objects at the opportunity provided under Rule 51(b)(2); or A party was not informed of an instruction or action on a request before that opportunity to object, and the party objects after learning that the instruction or request will be, or has been, given or refused. FRCP 51(c)(2)

promptly

Can a party object to proposed jury instructions

Yes

Can the court, on its own initiative, order a new trial

Yes

Court can dismiss errors that did not affect a party’s rights (i.e. the same result would have occured even if this error didn’t happen). FRCP 61

harmless error rule

Do jury verdicts need to be unanimous

Yes

Does a party need to re-demand a jury trial if the case is removed to federal court

No

Does a party’s failure to object to error in jury instructions waive arguments related to the error on appeal

Yes.

Does failure to properly serve and file the demand for a jury trial constitute a waiver of the right

Yes

Does the court always have the discretion to grant a new trial

Yes

During voir dire, how many challenges for cause does each side have

unlimited

During voir dire, what are used to dismiss a potential juror due to bias

challenges for cause

Either via request or on its own, court can ask the jury if there is lack of unanimity or assent amongst the jurors. FRCP 48(c)

poll the jury

Even after giving every deference to the prevailing party, the jury made the verdict in error in light of the evidence presented.

verdict against the great weight of the evidence

General verdict that includes specific findings of fact. FRCP 49(b)

general verdict with specific interrogatories

General verdict with specific interrogatories - what is its purpose : ensure jury considered FRCP 49(b)

important factual issues of the case.

How can a party demand a jury trial : File a written demand within days after the last pleading; and Properly serve to the other parties FRCP 38(b)

14

How many jurors are required to form a jury

6 to 12

How many peremptory challenges does each party get 28 USC § 1870

3 (check)

If a party loses on a JMOL, they can make a within 28 days after entry of judgment.

renewed motion for judgment as a matter of law (RJMOL)

If a party loses on a JMOL, they can make a renewed motion for JMOL (“RJMOL”) within  after entry of judgment. ⚠️ Note: Party must have properly & timely filed a JMOL to seek an RJMOL. FRCP 50(b)

28 days

If a peremptory strike gives rise to an inference of racial or gender discrimination, what is the moving party required to do : Provide a for the strike or withdraw the strike

non-discriminatory explanation

If a peremptory strike gives rise to an inference of racial or gender discrimination, what is the moving party required to do : Provide a non-discriminatory explanation for the strike or the strike

withdraw

If both legal and equitable relief is sought, does the right to a jury exist : Yes, the right to the jury exists but only for the (claims for damages).

non-equitable claims

If the general verdict and answers to interrogatories are inconsistent, what actions can the judge take : Order a Order the jury to redeliberate; or Order an appropriate judgment according to the answers, notwithstanding the general verdict FRCP 49(b)(3)

new trial;

If the general verdict and answers to interrogatories are inconsistent, what actions can the judge take : Order a new trial; Order the or Order an appropriate judgment according to the answers, notwithstanding the general verdict FRCP 49(b)(3)

jury to redeliberate;

If the general verdict and answers to interrogatories are inconsistent, what actions can the judge take : Order a new trial; Order the jury to redeliberate; or according to the answers, notwithstanding the general verdict FRCP 49(b)(3)

Order an appropriate judgment

If the jury awarded inadequate damages, can the court increase the amount

No

In ruling on a RJMOL, the court may: Order a new trial; or Direct entry of judgment as a matter of law (if reasonable people could not agree that the verdict was correct) FRCP 50(b)

Allow the verdict to stand;

In ruling on a RJMOL, the court may: Allow the verdict to stand; or Direct entry of judgment as a matter of law (if reasonable people could not agree that the verdict was correct) FRCP 50(b)

Order a new trial;

In ruling on a RJMOL, the court may: Allow the verdict to stand; Order a new trial; or Direct entry of (if reasonable people could not agree that the verdict was correct) FRCP 50(b)

judgment as a matter of law

Introducing or using evidence gained outside of trial; Improperly communicating with outside parties; Giving dishonest testimony during voir dire

examples of juror misconduct

Party must have & a JMOL to seek an RJMOL. FRCP 50(b)

properly, timely filed

Process by which jurors are selected.

voir dire

renewed motion for judgment as a matter of law (RJMOL) also called

judgment nonwithstanding the verdict

Ruling entered by judge against a party if a party lacks sufficient evidence to prevail on an issue necessary to a particular claim or defense FRCP 50(a)

judgment as a matter of law

To object to proposed jury instructions : Must on the record outside jury’s presence

before instructions are given.

To object to proposed jury instructions : Must on the record outside jury’s presence Party must timely state the matter objected to and the grounds for the objection. FRCP 51(c)(1)

before instructions are given.

To object to proposed jury instructions : Must on the record outside jury’s presence before instructions are given. Party must timely state the objected to and the FRCP 51(c)(1)

matter grounds for the objection.

What are examples of grounds for a new trial Grounds include: Newly discovered evidence; Verdict was against ; Serious, prejudicial error; Serious, prejudicial misconduct; Excessive or inadequate verdict FRCP 60(b)

weight of the evidence;

What are examples of grounds for a new trial Grounds include: Newly discovered evidence; Verdict was against weight of the evidence; ; Serious, prejudicial misconduct; Excessive or inadequate verdict FRCP 60(b)

Serious, prejudicial error;

What are examples of grounds for a new trial Grounds include: Newly discovered evidence; Verdict was against weight of the evidence; Serious, prejudicial error; ; Excessive or inadequate verdict FRCP 60(b)

Serious, prejudicial misconduct;

What are examples of grounds for a new trial Grounds include: Newly discovered evidence; Verdict was against weight of the evidence; Serious, prejudicial error; Serious, prejudicial misconduct; FRCP 60(b)

Excessive or inadequate verdict

What are examples of grounds for a new trial Grounds include: Newly discovered evidence; Verdict was against weight of the evidence; Serious, prejudicial error; Serious, prejudicial misconduct; Excessive or inadequate verdict FRCP 60(b)

Newly discovered evidence;

What are the requirements to move for new trial based on newly discovered evidence : Evidence could not be found Evidence is not solely for impeachment; and Evidence will likely change outcome of case

before the verdict;

What are the requirements to move for new trial based on newly discovered evidence : Evidence could not be found before the verdict; Evidence is and Evidence will likely change outcome of case

not solely for impeachment;

What are the requirements to move for new trial based on newly discovered evidence : Evidence could not be found before the verdict; Evidence is not solely for impeachment; and Evidence will

likely change outcome of case

What are the two challenges a party can make during voir dire : , Peremptory challenges

Challenges for cause

What can the court do if the jury awards damages that are excessive If the damages are so high as to “shock the conscience,” the judge can either: or Order a decrease in the award (“remittitur”) ⚠️ Note: Judges are never required to give option of remittitur.

Order a new trial;

What can the court do if the jury awards damages that are excessive If the damages are so high as to “shock the conscience,” the judge can either: Order a new trial; or (“remittitur”) ⚠️ Note: Judges are never required to give option of remittitur.

Order a decrease in the award

What happens if juror misconduct is found :

court may order a new trial.

What is the deadline for a party to propose jury instructions Generally, before the close of all evidence presented to the jury. However, a party can file after close of evidence if either: Instructions are for or Court has given permission to untimely file (can propose for any issue) FRCP 51

issues not reasonably anticipated,

What is the deadline for a party to propose jury instructions Generally, before the close of all evidence presented to the jury. However, a party can file after close of evidence if either: Instructions are for issues not reasonably anticipated, or Court has given (can propose for any issue) FRCP 51

permission to untimely file

What is the deadline for asking to poll the jury but before the jury is discharged. FRCP 48(c).

After a verdict is returned

What is the deadline for asking to poll the jury After a verdict is returned but FRCP 48(c).

before the jury is discharged.

What is the deadline for filing a motion for a new trial : No later than after entry of the judgment (same as the general deadline for post-trial motions). FRCP 59(b)

28 days

What is the deadline for filing a motion for relief from judgment Within if for: Mistake, inadvertence, surprise, excusable neglect Newly discovered evidence Misrepresentation, misconduct, or fraud

one year of final judgment

What is the deadline for filing a motion for relief from judgment Within if: Judgment is satisfied, released, or discharged Judgment is void Any other reason that justifies relief FRCP 60(c)

a reasonable period of time

What is the evidentiary standard for granting a JMOL : Court must view evidence in the and only grant JMOL if no reasonable person could find for the party. FRCP 50(a)(1)

light most favorable to the opposing party

What is the evidentiary standard for granting a JMOL : Court must view evidence in the light most favorable to the opposing party and only grant JMOL if FRCP 50(a)(1)

no reasonable person could find for the party.

What is the deadline for all post-trial motions (generally)

28 days.

What types of verdicts may a jury enter verdict, Special verdict, and General verdict with specific interrogatories

General

What types of verdicts may a jury enter General verdict, verdict, and General verdict with specific interrogatories

Special

What types of verdicts may a jury enter General verdict, Special verdict, and General verdict with

Specific interrogatories

When can a party file for a judgment as a matter of law ? Both parties: before case is submitted to jury

submitted to jury

When can a party file for a judgment as a matter of law D: Either after close of or after close of

P's evidence, all evidence

When can a party file for a judgment as a matter of law P: After close of

all evidence

When does a party have a right to a jury trial : Parties have the right to a jury trial in all civil actions under Rule 38 & 7th Amendment. ⚠️ Note: Right only exists for claims under

law, not equity.

When does a party have a right to a jury trial Parties have the right to a jury trial in all under Rule 38 & 7th Amendment. ⚠️ Note: Right only exists for claims under law, not equity.

civil actions

When is a under Rule 60(b) proper : There is mistake, inadvertence, surprise, excusable neglect; Newly discovered evidence; Misrepresentation, misconduct, or fraud Judgment has been satisfied, released, or discharged; Judgment is void; or Any other reason that justifies relief FRCP 60(b)

motion for relief from judgment

When is a new trial for procedural error or misconduct proper The error or misconduct likely changed the outcome of the case & the losing party.

substantially prejudiced

When is relief from judgment for fraud, misrepresentation, or misconduct proper ? If a party: Withholds key evidence during discovery; or Makes false statements to the court or other parties

Bribes a witness;

When is relief from judgment for fraud, misrepresentation, or misconduct proper ? If a party: Withholds key evidence during discovery; Bribes a witness; or to the court or other parties

Makes false statements

When is relief from judgment for fraud, misrepresentation, or misconduct proper ? If a party: Withholds key evidence during discovery; Bribes a witness; or Makes false statements to the court or other parties

Withholds key evidence during discovery;

When the jury makes a specific finding on each issue of fact without necessarily stating which party should win. See more: Special Verdict FRCP 49

special verdic