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CIVIL PROCEDURE CLASS 28

CIVIL PROCEDURE CLASS 28. Professor Fischer Columbus School of Law The Catholic University of America October 29, 2003. MOTIONS TO VACATE JUDGMENT. What is the difference between a MOTION TO VACATE JUDGMENT and a NEW TRIAL MOTION? Grounds for MOTION TO VACATE JUDGMENT Timing restrictions.

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CIVIL PROCEDURE CLASS 28

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  1. CIVIL PROCEDURE CLASS 28 Professor Fischer Columbus School of Law The Catholic University of America October 29, 2003

  2. MOTIONS TO VACATE JUDGMENT • What is the difference between a MOTION TO VACATE JUDGMENT and a NEW TRIAL MOTION? • Grounds for MOTION TO VACATE JUDGMENT • Timing restrictions

  3. DEFAULT JUDGMENTS • Rule 55 • Difference between entry of default 55(a), default judgment 55(b) • How can entry of default be set aside? How can judgment by default be set aside? See 55(c)

  4. RIGHT TO TRIAL BY JURY IN CIVIL ACTIONS • What constitutional provision limits the right to trial by jury in a civil action?

  5. AMENDMENT VII • In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. • Codified in Rule 38

  6. DEMANDING A JURY • If there is a right to a jury in a civil action, ANY party can exercise that right by demanding a jury under R. 38 (in writing and served on other parties no later than 10 days after service of last pleading relating to an issue for which there’s a right to trial by jury).

  7. SO WHEN IS THERE A RIGHT TO A JURY IN A CIVIL ACTIONS: Terry

  8. DIFFERENCE BETWEEN LAW AND EQUITY

  9. DIFFERENCE BETWEEN LEGAL AND EQUITABLE REMEDIES • Legal – usual remedy damages • Equitable remedies include injunctions, accounting, rescission, reformation of contracts • U.S. Federal system – law and equity are merged

  10. ORDER WHERE JURY AND NON-JURY ISSUES • Which should the court hear first?

  11. Right to a Jury in State Courts • Seventh Amendment does not apply to the states so states are free to grant or withhold the right to a jury in civil actions • State practice on this varies widely

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