Unformatted text preview: the original complaint. A
cross-claim is against a co-Plaintiff or
CounterClaim P D1
VS. D2 Cross
q Motion for Judgment on Pleadings. q Motion for Summary Judgment. 2nd Stage:
Discovery is the process by which
parties obtain information from the
opposing party prior to trial.
q Automatic (1993)
Ongoing duty to supplement or correct
Compulsory meeting to discuss &
develop discovery plan
develop q Deposition q Interrogatories Discovery (continued)
q Request for production of documents
& things & entry upon land
things q Motion for order for physical or
mental q Request for admissions The Trial
q Bench Trial (no jury). q Jury Selection.
q Voire Dire. q Challenges/Pick the Jury. q Impanel Jury.
Impanel q Alternate Jurors. The Trial
q Opening Statements. q Plaintiff’s Case--Evidence:
q Witnesses- Direct examination vs. Cross
X. q Party may cast doubt on the testimony or
credibility of opposing witness or impeach
it by showing prior inconsistent statements
and/or Redirect Examination
q By party who called witness q After cross-examination q To minimize damage done on
cross-exam Motion for Judgment as Matter of Law
(a/k/a Directed Verdict)
q At anytime after party has been fully
heard q Opposing party has not presented
sufficient q If granted, effectively takes case away
from The Trial
q Defendant’s Case.
Defendant’s q Closing Arguments. q Jury Instructions and Deliberations. The Trial
The Defendant will “object” to
Plaintiff’s evidence and the judge will
rule on each objection. If the judge
“overrules” the objection, the evidence
is admitted for the jury to consider. If
the judge “sustains” the objection, the
evidence is not admitted into the trial. “Objection sustained!” The Trial
q Civil Cases—generally, burden of proof is by
“preponderance” of the evidence and a majority
of jurors must agree on verdict. If not, then
mistrial/ hung jury.
mistrial/ q Possible burden – “clear & convincing”
evidence q Judgment is the Court’s acceptance and
recording of the jury’s verdict. § 5: Post Trial Motions
q Once the trial is concluded, a dissatisfied party
q File a Motion for a New Trial. q Ask that the judge enter a judgment contrary
to the verdict (JNOV) rendered by the jury.
to Basis for Judgment N.O.V.
Evidence is so clear that
reasonable people could
not differ as to outcome
of the case.
of Possible Bases for New Trial
q Jury was in error q Prejudicial error by judge q Newly discovered evidence q Misconduct by judge, jury, lawyer §7: Enforcing the Judgment
q Once a judgment becomes final (i.e.,
subject to no further judicial review)
the defendant is legally required to
comply with its terms.
comply q Defendants who will not voluntarily
comply with a judgment can be
compelled to do so by seizure and sale
of the Defendant’s assets.
of Usual Garnishee
q Employer q Bank q Obligor on accounts receivable Other Post Judgment Remedies
q Contempt q Suit to have foreign judgment made
Under full faith & credit clause §6: The Appeal
q A party may appeal the jury’s verdict or any
legal issue, motion or court ruling during the
trial. q The party filing the appeal (Appellant) files a
brief that contains a short statement of the facts,
issues, rulings by the trial court, grounds to
reverse the judgment, applicable law and
arguments on Appellant’s behalf.
arguments Bases for Appeal
Errors of Law:
q Erroneous Evidentiary Ruling q Erroneous Jury Instruction q Erroneous Ruling on Motion q Error of fact that is so clear, can be
considered error of law
considered Possible Outcomes of Appeal
q Affirm trial court q Reverse trial court
Amend (change the judgment)
Remand (send case back to trial court)...
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- Summer '08
- The Trial