Post-Trial Motions

• New trial, de novo• New trial on issue of liability only• New trial on issue of damages only• New trial on issue of liability only• New trial on liability one party only• Additur to money award• Remittitur from money damage award• Judgment as a matter of law

Can be…Must be…

• Combined …

• Or made in the alternative…

• Must be…– Duly preserved by timely objection– And prejudicial error

Prejudicial Error

• Disappointment is not enough!

• Error must have adversely affected the outcome of the case.

• Consider this hypothetical: – Intoxication evidence wrongly admitted in car

accident case.

Motion for a New Trial

• “Trial de novo”

• IF the actual outcome of the case would have been affected…

• Generally must be served within 10 days of entry of judgment.

Common Grounds

• Misconduct of one or more jurors

• Misconduct on the part of the prevailing party

• Discovery of new evidence

• Inappropriate award of damages

• Unrectified Errors of law at trial

• Verdict not supported by the evidence

Misconduct of one or more jurors

• Juror conducts their own investigation!

• Juror’s false statements in voir dire

• Jury returns a quotient verdict

• The appearance of favoritism

• Contact with witnesses or experts

• Threats or worse behavior…

Misconduct on the part of the prevailing party

• Concealing evidence

• Tampering with evidence

• Improper, prejudicial remarks

• False testimony

• Threats, bribes or worse…

Discovery of new evidence

• Evidence that could reasonably change the verdict

• Could not have been discovered or obtained by the exercise of due diligence before trial was completed

• Verdict is final, even if wrong, if one party simply failed to exercise due diligence!

Inappropriate award of damages

• This is a question reserved to the jury…

• “shock the conscience” of the judge

• Manifestly unfair

• Additur: award too low, add some

• Remittitur: award too high, reduce it– Judge’s decision… why would the winning

side accept? – Alternative is order for new trial

Unrectified Errors of law at trial

• Error with objection

• Offer of Proof failed

• Plain error

• Technical error… or…

• Substantive error?

Verdict not supported by the evidence

• Unusual

• ANY believable evidence offered may be sufficient

• Court must resolve every reasonable doubt in favor of the verdict

• This motion is always accompanied by a motion for “Judgment Notwithstanding the Verdict”

Form of Motion

• Four Parts:– State what relief is sought– The procedural rule by which motion is

brought– Each of the grounds or reasons– Identity of documents that party claims

support the motion (See handout)