Conferences, Trial, Judgment, and Post-Trial Motions

Rule 26(f) Conference: Parties must [..1..] and [..2..] at least [..3..] before the court's scheduling order, UNLESS the court orders otherwise

meet, confer, 21 days

The purpose of the Rule 26(f) conference is to discuss production of required [..1..], claims, defenses, possible [..2..], and preservation of [..3..]

initial disclosures, settlement, discoverable information

Parties must present to the court a detailed [..1..] no later than [..2..] after the 26(f) conference

discovery plan, 14 days

The discovery plan must include views and proposals on [..1..], issues about discovery of [..2..] including how it will be produced, and any problems in [..3..]

timing, ESI, retrieving ESI

Generally, parties cannot request discovery before the […]

26(f) conference

An exception for [..1..] allows them to be served before the 26(f) conference, but the response clock does not start UNTIL the [..2..]

production requests, 26(f) conference

The court's scheduling order sets [..1..] for joinder, amendments, motions, and completion of [..2..], unless local rule or court order says otherwise

cut offs, discovery

The final pretrial conference determines the [..1..] to be tried and the [..2..] to be proffered at trial

issues, evidence

The determinations of the final pretrial conference are recorded in the final pretrial conference […]

order

The final pretrial conference order [..1..] the [..2..]

supersedes, pleadings

The jury's role is to determine the [..1..] and return the [..2..]

facts, verdict

In a bench trial, if there is no jury, the [..1..] determines the [..2..]

judge, facts

A motion in limine is a [..1..] made outside the jury's presence to decide if the jury should hear certain [..2..]

pretrial motion, evidence

The Seventh Amendment preserves the right to a jury in civil actions at [..1..], but not suits at [..2..]

law, equity

The Seventh Amendment applies only in [..1..] cases and does not apply to [..2..]

federal civil, state courts

In mixed cases, facts underlying a ..1.. will be tried to the [..2..]

damages claim, jury

In mixed cases, facts relating entirely to an [..1..] are tried to the [..2..]

equity claim, judge

In mixed cases, [..1..] are generally tried [..2..]

jury issues, first

If a fact underlies both a claim for damages (law) and a claim for an injunction (equity), the [..1..] decides that [..2..]

jury, fact

A party must demand the jury in […]

writing

A jury demand must be made no later than [..1..] after service of the [..2..] addressing a jury triable issue

14 days, last pleading

If a party fails to make a [..1..] demand for a jury, they [..2..] the right to a jury

timely written, waive

Voir dire is the jury […]

selection process

A challenge [..1..] is used if a potential juror will not be [..2..], and parties have an [..3..] number of such challenges

for cause, impartial, unlimited

A peremptory challenge is one for which the party states […]

no reason

Each side is limited to [..1..] peremptory challenges, though the court can grant [..2..]

three, more

Peremptory challenges must be used in a [..1..] and [..2..] manner

race, gender neutral

Jury selection is considered [..1..], and discrimination would violate [..2..]

state action, equal protection

In federal civil cases, there must be a minimum of [..1..] and a maximum of [..2..] jurors, unless parties agree otherwise

6, 12

Generally, [..1..] participate in the verdict UNLESS a juror is excused for [..2..]

all jurors, good cause

There must be at least [..1..] jurors to return a verdict UNLESS the parties [..2..] or [..3..] otherwise

six, agree, stipulate

Generally, the verdict must be [..1..], UNLESS the parties [..2..] otherwise

unanimous, agree

Parties submit proposed [..1..] to the [..2..]

jury instructions, judge

Before final argument, the court must inform parties on the record of what instructions it [..1..] and what proposed instructions it [..2..]

will give, rejected

Parties are allowed to [..1..] to jury instructions [..2..] outside the jury's hearing

object, on the record

If objections to jury instructions are not made [..1..] the jury is [..2..], the objection is [..3..]

before, charged, waived

An unobjected-to instruction can be reviewed for [..1..] if it affected a [..2..]

clear error, party's rights

The [..1..] must determine the [..2..] the jury will use

judge, verdict form

In a general verdict, the jury states [..1..] and, if the plaintiff wins, the [..2..]

who wins, relief

In a special verdict, the jury answers specific [..1..] about facts, and the [..2..] the law to determine the winner

written questions, judge then applies

When providing a general verdict with written questions, the jury gives a [..1..] and also answers [..2..] submitted to it

general verdict, specific questions

If the jury returns a [..1..], the [..2..] of the court will enter the judgment

general verdict, clerk

For special verdicts or general verdicts with questions, if answers are [..1..] with each other and the verdict, the [..2..] the judgment, and the clerk enters it

consistent, judge approves

If answers are consistent with each other but inconsistent with the general verdict, the court may enter judgment consistent with the [..1..], tell the jury to [..2..], or order a [..3..]

answers, reconsider, new trial

If answers to written questions are inconsistent with each other and one or more is inconsistent with the general verdict, no judgment may be entered, and the court may allow the jury to [..1..] or order a [..2..]

reconsider, new trial

A verdict may be [..1..] based on [..2..] like bribes or outside investigation

impeached, external matters

A verdict [..1..] based on [..2..] such as jurors' thought processes

cannot be impeached, intrinsic matters

A verdict will not be [..1..] if the juror misconduct was [..2..]

set aside, harmless

In a non-jury trial, the judge must record her findings [..1..] (orally or in writing) and her conclusions [..2..], stated [..3..] from the findings of fact

of fact, of law, separately

In a non-jury trial, the [..1..] must be [..2..], stating who wins and the relief

judgment, entered

Motion for Judgment as a Matter of Law (JMOL): Applies in […]

jury trials

If JMOL is granted, the case [..1..] to the jury and the judge enters [..2..]

does not go, judgment

The standard for JMOL is that reasonable people could not [..1..] on the [..2..]

disagree, result

For JMOL, the court views evidence in the light [..1..] to the [..2..] party

most favorable, non-moving

A party can move for JMOL any time [..1..] to the jury, but the court cannot grant it UNTIL the [..2..] has been heard

before submitted, opposing party

Renewed Motion for Judgment as a Matter of Law (RJMOL): Same as JMOL, but made […]

after trial

If RJMOL is granted, the court [..1..] the judgment from the jury winner and enters judgment for the party that [..2..] the jury verdict

takes away, lost

The standard for RJMOL is that the jury reached a conclusion that [..1..] could not have [..2..]

reasonable people, reached

RJMOL must be made no later than [..1..] after judgment [..2..]

28 days, entry

An absolute prerequisite for RJMOL is that the party must have made a [..1..] motion at a proper time at trial failure to do so [..2..] RJMOL

JMOL, waives

The RJMOL motion must be based on the [..1..] as the JMOL motion

same grounds

Motion for a New Trial: Granted for any [..1..] at trial that the judge believes requires a [..2..]

non-harmless error, do-over

A motion for a new trial must be moved for no later than [..1..] after the [..2..]

28 days, judgment

Grounds for a new trial include erroneous jury instruction, [..1..] evidence, misconduct, judgment is against the [..2..] of the [..3..], or inadequate/excessive damages

newly discovered, weight, evidence

A new trial is [..1..] than RJMOL because it results in [..2..], rather than ending the case

less drastic, starting over

The standard for a new trial based on damages is whether the damages figure [..1..] the [..2..] (federal standard)

shocks, conscience

Remittitur offers the [..1..] a choice to [..2..] part of the damages award or face a [..3..]

plaintiff, remit, new trial

Remittitur is permitted in [..1..] and [..2..] court

state, federal

Additur offers the [..1..] a choice to [..2..] the damages award or face a [..3..]

defendant, add to, new trial

Additur may be allowed in [..1..] but is [..2..] in federal court as it violates the Seventh Amendment

state courts, unconstitutional

Offer of Judgment (Rule 68): A [..1..] may submit a formal offer to settle up to [..2..] trial

defendant, 14 days before

If a plaintiff rejects a Rule 68 offer and obtains a trial judgment that is not [..1..] than the offer, the plaintiff is [..2..] for defendant's post-offer litigation [..3..]

more favorable, liable, costs

A motion for relief from judgment due to [..1..] can be made [..2..]

Clerical Error, any time

For relief from judgment due to [..1..] or [..2..], the motion must be made within a reasonable time (max [..3..] after judgment), and the party must show a [..4..]

Mistake, Excusable Neglect, one year, viable defense

For relief from judgment due to [..1..], misrepresentation, or misconduct by an opposing party, the motion must be made within a reasonable time, never more than [..2..] after judgment

Fraud, one year

For relief from judgment due to [..1..] evidence (that was not discoverable with [..2..] in time for a new trial motion and existed at trial), the motion must be made within a reasonable time (max [..3..] after judgment)

newly discovered, due diligence, one year

For relief if a judgment is [..1..] (e.g. court lacked SMJ), the motion must be made within a [..2..] with [..3..] time limit

void, reasonable time, no maximum

In a diversity case, federal trial courts are required to apply a […] standard when considering a motion for a new trial based on the excessiveness of the verdict

state law

An issue not raised in the pleadings is treated as if it was raised in the pleadings IF the parties try it by their [..1..] or [..2..] consent.

When the parties do so, a party may move—at any time, even [..3..]—to amend the pleadings to conform them to the evidence and raise the [..4..] issue

express, implied, after judgment, unpleaded

If legal and equitable claims are joined in one action involving common issues of [..1..], the [..2..] claim is tried before the jury first.

Then the equitable claim is tried to the [..3..].

The jury's finding on issues of [..4..] will bind the court in the equitable claim.

fact, legal, court, fact,

T/F: When a case presents both legal and equitable claims, the right to a jury trial is preserved for all legal claims but not for equitable claims.

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