Civil Procedure Deep Dive: Trial and Post-Trial Procedure

Scope: Federal civil suits at common law > $20. (Not incorporated to states).
Legal vs. Equitable: Legal claims (damages) = jury. Equitable claims (injunctions) = no jury.
Combined Claims: Jury decides common factual issues first before judge decides equitable relief.
Rule 38 Demand: Must serve written demand no later than 14 days after last pleading directed to the issue.
Jury Size: At least 6, no more than 12. Must be unanimous unless stipulated.

Rule 50(a) JMOL: Made before case submitted to jury. Standard: Party fully heard and reasonable jury would lack legally sufficient evidentiary basis. Judge views record favorably to nonmovant.
Rule 50(b) Renewed JMOL: Must file within 28 days of judgment. Must have made 50(a) motion earlier; grounds must match.
Rule 50(c) Conditional Ruling: If 50(b) is granted, court must conditionally rule on any pending new-trial motion.

Timing: Must file within 28 days of entry of judgment. (Cannot be extended under Rule 6).
Grounds: Prejudicial error, improper verdict, serious misconduct, excessive damages, or verdict contrary to the weight of evidence.
Standard: Judge can evaluate evidence weight more broadly than JMOL, but must identify a legally sufficient basis, not just prefer another outcome.

60(a): Clerical mistakes, oversights.
60(b)(1)-(3): Mistake, Newly discovered evidence (uncoverable in time for R59), Fraud. Limit: 1 Year maximum, but must be reasonable time.
60(b)(4)-(6): Void, Satisfied, Catch-all (extraordinary circumstances). Limit: "Reasonable time".
2025 Note: A voluntary dismissal without prejudice can qualify as a final proceeding opening Rule 60's doorway.

Final-Judgment Rule (§ 1291): Appeals generally permitted only from final district-court decisions that end litigation on merits.
Interlocutory (§ 1292): Allows appeals for injunctions (1292a) and certified controlling legal questions (1292b - requires application within 10 days).
Collateral-Order: Conclusively resolves important question, separate from merits, effectively unreviewable later.
Notice of Appeal: Filed within 30 days of entry of judgment (60 days if US is a party).

De Novo: Questions of law (e.g., summary judgment, JMOL legal standards).
Clear Error: Bench-trial factual findings (Rule 52). Appellate court needs a definite/firm conviction of mistake.
Abuse of Discretion: Discretionary rulings (e.g., new-trial motions, discovery, Rule 60 relief).

Law School Post-Trial Explorer