🪜Civil Procedure Unit 9 – Judgments and Post–Trial Motions

Key Concepts and Terminology

• Judgment refers to the final decision made by a court in a lawsuit that resolves the dispute between the parties
• Post-trial motions are requests made to the court after a judgment has been entered to alter, amend, or set aside the judgment
• Jurisdiction is the court's authority to hear and decide a case, which can impact the validity of a judgment
• Res judicata is a legal doctrine that prevents the same parties from relitigating a claim that has already been decided by a court
  • Includes both claim preclusion (bars relitigation of the same claim) and issue preclusion (bars relitigation of issues already decided)
• Collateral attack is an attempt to challenge a judgment in a separate proceeding, often based on lack of jurisdiction or due process violations
• Execution is the process of enforcing a judgment, such as seizing assets or garnishing wages, to satisfy the judgment debt
• Supersedeas bond is a bond posted by the losing party to stay enforcement of the judgment pending appeal

Types of Judgments

• Default judgment is entered against a party who fails to respond to a lawsuit or appear in court
• Summary judgment is granted when there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law
• Consent judgment is entered by agreement of the parties and has the same effect as a judgment entered after a trial
• Declaratory judgment is a binding adjudication of the rights and status of the parties, even if no consequential relief is awarded
  • Often used to determine rights under a contract or the constitutionality of a law
• Money judgment orders the payment of a sum of money by one party to another
• Injunctive relief is a judgment ordering a party to do or refrain from doing a specific act, such as an order to stop infringing a patent

Entry of Judgment Process

• After a verdict or decision, the prevailing party prepares a proposed judgment and submits it to the court
• The losing party has an opportunity to object to the form of the proposed judgment
• Once the court approves the form of the judgment, it is entered by the clerk of the court
  • Date of entry is important for calculating deadlines for post-trial motions and appeals
• Notice of entry of judgment must be served on all parties
• Judgment becomes final and enforceable if no post-trial motions or appeals are filed within the applicable time limits
• Certified copy of the judgment can be recorded to create a lien on real property owned by the judgment debtor
• Judgment can be enforced through various means, such as execution, garnishment, or judgment debtor exam

Post-Trial Motions Overview

• Purpose of post-trial motions is to allow the trial court to correct errors or reconsider its decision before an appeal is filed
• Common post-trial motions include motion for new trial, motion for judgment notwithstanding the verdict (JNOV), and motion to alter or amend the judgment
• Must be filed within strict time limits after entry of judgment (typically 28 days in federal court)
• Filing a post-trial motion suspends the finality of the judgment and tolls the time to file an appeal
• Court has discretion to grant or deny most post-trial motions
  • Standard of review varies depending on the type of motion
• If post-trial motions are denied, the judgment becomes final and the time to appeal begins to run

Specific Post-Trial Motions

• Motion for new trial argues that the verdict is against the weight of the evidence, there were errors of law, or misconduct occurred affecting the fairness of the trial
  • Granted if the verdict is clearly erroneous or a miscarriage of justice would result if the verdict is allowed to stand
• Motion for judgment as a matter of law (JMOL) or judgment notwithstanding the verdict (JNOV) argues that no reasonable jury could have reached the verdict based on the evidence presented
  • Granted only if there is no legally sufficient evidentiary basis for a reasonable jury to find for the non-moving party
• Motion to alter or amend the judgment under Rule 59(e) is used to correct clear errors of law or fact, prevent manifest injustice, or account for newly discovered evidence
• Motion for relief from judgment under Rule 60 is used in cases of mistake, inadvertence, excusable neglect, newly discovered evidence, fraud, or other exceptional circumstances
  • Rule 60(b) lists specific grounds for relief and has longer time limits than other post-trial motions

Time Limits and Deadlines

• Post-trial motions must be filed within 28 days after entry of judgment in federal court (Rule 59)
  • Some states have different time limits
• If no post-trial motions are filed, notice of appeal must be filed within 30 days after entry of judgment in federal court (Rule 4 of the Federal Rules of Appellate Procedure)
• If a post-trial motion is timely filed, the time to appeal runs from the entry of the order disposing of the last such motion
• Motion for relief from judgment under Rule 60(b) must be filed within a reasonable time, and for certain grounds, no more than one year after entry of judgment
• Strict compliance with time limits is essential to preserve the right to appeal
  • Extensions of time are rarely granted and only for compelling reasons

Appeals Process Basics

• Party who loses at trial may appeal the judgment to a higher court
• Notice of appeal must be filed within the applicable time limit after entry of judgment or denial of post-trial motions
• Appellate court reviews the trial court record for errors of law or abuse of discretion
  • Factual findings are reviewed for clear error and legal conclusions are reviewed de novo
• Appellant must identify specific errors and argue how they affected the outcome of the case
• Appellee responds to the appellant's arguments and may raise additional issues on cross-appeal
• Appellate court may affirm, reverse, or modify the judgment, or remand for further proceedings
• Losing party may seek further review by the state or U.S. Supreme Court through a petition for writ of certiorari

Practical Considerations and Strategy

• Carefully consider whether to file post-trial motions, as they may delay the appeal and increase costs
  • May be necessary to preserve certain issues for appeal or to correct clear errors
• Ensure that all post-trial motions and appeals are timely filed and comply with applicable rules and procedures
• Evaluate the likelihood of success on appeal and the potential impact on the client's interests
  • Consider settlement opportunities during the post-trial and appellate process
• If the judgment is affirmed on appeal, promptly pursue enforcement and collection efforts
  • Consider domesticating the judgment in other jurisdictions where the judgment debtor has assets
• If the judgment is reversed or remanded, assess the impact on the case strategy and prepare for further proceedings
• Communicate regularly with the client about the post-trial and appellate process, costs, and potential outcomes