Litigation in Federal Court
Judgment
← Trial
Judgment
Relief from Judgment
FRCP 59: New Trial
• A new trial may be granted if:
[1] The instructions were confusing to the jury or provided a disproportionate remedy.
[2] Jury deliberations were tainted.
[3] New evidence emerges within 28 days of dismissal.
FRCP 60: Relief from Judgment
• Relief from judgment may be allowed if:
[1] New evidence emerges within 28 days of jury dismissal.
[2] Fraud occurred
Appeals
28 U.S.C. §1291: The Finality Rule
• Courts of Appeal have automatic Subject Matter Jurisdiction over final orders from District Courts.
FRCP 58: Final Order Requirement
• Without a final order, appellate courts approach appeals with a high level of skepticism.
Exceptions
[1] Collateral Rule Doctrine:
• Issues may be reviewed before a final order if they’re:
• Separate: issue is separate from merits of the original claim.
• Final: issue can be fully resolved on appeal.
• Urgent: issue involves irreparable harm.
• Important: discretionary judgment of the court.
[2] 28 U.S.C. §1651(a): Mandamus
• Writ-based review of non-final orders. A plaintiff must show:
[1] Special risk of irreparable harm; “no other adequate means of relief”
[2] Clear entitlement to relief (most common: jurisdiction challenges)
[3] FRCP 54(b): Multiple Claims or Parties
• Allows an appeal from a final order entered on an issue in a case, even if the case as a whole is still ongoing.
• “Spot Golden Ticket”
[4] 28 U.S.C. §1292: Specifically Authorized Interlocutory Appeals
• Allows injunctions, receivers, admiralty, and other accepted issues to be appealed before a case is closed.