Civil Procedure: Trial, Judgments & Appeals

What is the standard for granting a motion for summary judgment under FRCP 56?

A court will grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

In a summary judgment motion, how must the court view the evidence presented by the parties?

The court must view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in their favor.

Which constitutional amendment guarantees the right to a jury trial in federal civil cases?

The Seventh Amendment guarantees the right to a jury trial in federal civil cases for suits at common law where the value in controversy exceeds twenty dollars.

How does a court determine if a right to a jury trial exists when a case involves both legal and equitable claims?

Under Beacon Theatres v. Westover, the court must try the legal claims before a jury first, before a judge decides the equitable claims, to preserve the Seventh Amendment right.

When can a party first move for Judgment as a Matter of Law (JMOL) under FRCP 50(a)?

A party may move for JMOL at any time before the case is submitted to the jury, provided the opposing party has been fully heard on the relevant issue.

What is the strict prerequisite for filing a Renewed Judgment as a Matter of Law (RJMOL) under FRCP 50(b)?

A party may only file an RJMOL if they previously filed a proper JMOL motion under Rule 50(a) before the case was submitted to the jury, and the RJMOL must be based on the same grounds.

Under FRCP 59, what are common grounds for a judge to grant a motion for a new trial?

Common grounds for a new trial include a verdict against the clear weight of the evidence, excessive damages (remittitur), procedural error, or jury misconduct.

What is the time limit for filing a motion for a new trial under FRCP 59?

A motion for a new trial must be filed no later than 28 days after the entry of judgment.

What are the four prerequisite requirements for class certification under FRCP 23(a)?

The four prerequisites are numerosity, commonality, typicality, and adequacy of representation.

Under FRCP 23(b)(3), what two additional requirements must be met to certify a class action seeking monetary damages?

For a Rule 23(b)(3) class action, common questions of law or fact must 'predominate' over individual questions, and the class action must be the 'superior' method for resolving the controversy.