Litigation in Federal Court
Trial — Juries and Verdicts
Right to Jury in Civil Trials
7th Amendment
[Basic Right]: In suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved.
[Re-Examination Clause]: no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
FRCP 38(b)
A party may demand a jury trial by [serving] a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue.
Mixed Claims of Common Law and Equity
General Rule: argue the common law issues, then move to the “after effects” involved with the equitable claims (don’t let judge get in front of common law claims).
o Dairy Queen, Inc. v. Wood, 369 U.S. 469 (1962)
Jury Instructions & Verdicts
Jury Instructions
FRCP 51(b): The Court:
[1] must inform the parties of its proposed instructions…
[2] must give the parties an opportunity to object…
[3] may instruct the jury at any time before the jury is discharged
Jury instructions must be accurate and not confusing or misleading.
Jury Verdicts
FRCP 49: Three Types of Verdicts
[1] General Verdict
Who won? How much?
[2] Special Verdict
The court may require a special written finding on each issue of fact.
[3] General Verdict with Answers to Written Questions
The court may submit to the jury forms for a general verdict, together with written questions on one or more issues of fact. This results in:
[1] Verdict and answers are consistent (judgment issued)
[2] Answers inconsistent with verdict (answers control, deliberate, new trial)
[3] Answers inconsistent with each other and the verdict (deliberate, new trial)
Avoiding Bad Verdicts
[1] FRCP 50: Judgment as a Matter of Law (JMOL)
(a) Directed Verdict (before jury verdict)
Standard: Summary Judgment
(b) Judgment Notwithstanding the Verdict - JNOV (after jury verdict)
Standard: Summary Judgment, must make 50(a) motion first
[2] FRCP 59: New Trial
3 Main Scenarios:
[1] Jury confused instructions or provided a disproportionate remedy
[2] Jury deliberations tainted
[3] New evidence within 28 days of jury dismissal
[3] FRCP 60: Relief from Judgment
2 Main Scenarios
[1] New evidence beyond 28 days of jury dismissal
[2] Fraud