![]() ![]() Prejudicial trial error Prejudicial misconduct by judge, attorney, party, juror Verdict not supported by clear weight of evidence Excessive or inadequate damages Newly discovered evidence Manifest error of law or fact Intervening change in controlling law Newly discovered evidence The following table summarizes the most common posttrial motions: Posttrial motionsĬlerical mistake Mistake arising from oversight or omissionĮvidence legally insufficient to find for nonmovant Posttrial motions are generally designed to fix any errors that occurred during trial. The proper time to move for JMOL (and its renewed JMOL twin sibling) is illustrated by the following timeline: This motion requests that the court issue a judgment in favor of the movant because the evidence is legally insufficient for a reasonable jury to find in the nonmovant’s favor. show: no genuine dispute of material fact & movant entitled to judgment as a matter of lawĭuring trial, the principal motion is a motion for judgment as a matter of law (JMOL). Pleadings, affidavits, declarations, discovery, etc. Pleadings, attached exhibits & matters of public record show: no genuine dispute of material fact & movant entitled to judgment as a matter of lawĭefendant requests dismissal because plaintiff failed to prosecute or comply with rule/court order No subject-matter or personal jurisdiction Improper venue Insufficient service of process Failure to join required party Failure to state claim upon which relief can be granted The most common pretrial motions are laid out in the following table: Pretrial motionsĭefendant failed to timely serve answer Any party failed to comply with court order Pretrial motions are generally designed to efficiently dispose of the action. There are THREE stages of litigation when motions can be asserted: pretrial, during trial, and posttrial. And because we at UWorld always want to lend you a helping hand, we’ve chunked the key motions for you! Grouping chunks of helpful information into manageable pieces will help you better organize and memorize that information. If you’re struggling to remember the various motions available during civil litigation, have no fear! Use the chunking strategy. Motions make up roughly 20% of the civil procedure questions tested on the MBE®, so it’s important to know when and how to file motions. ![]()
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