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Closing Arguments and the Verdict

This guide provides essential insights into delivering effective closing arguments and managing post-trial motions. Explore strategies to engage jurors, such as crafting compelling narratives, presenting key themes, and applying Rule 51. Learn how to control jury deliberations with clear verdict forms and handle inconsistent verdicts. The piece also delves into the critical post-trial motions, including motions for JNOV and new trials, ensuring attorneys understand their rights and obligations under legal rules. Empower your legal practice with this comprehensive overview.

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Closing Arguments and the Verdict

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  1. Closing Arguments and the Verdict Russell X. Pollock Bergstresser & Pollock LLC 52 Temple Place Boston, MA 02111

  2. Closing Arguments • Why Close? • Not evidence • Jurors have made up their mind • Teach your jurors to advocate • Rule 51 • 30 minutes / ask judge • How much time do you really need?

  3. Closing Arguments • Content • Speak in Forwards • Ammunition • Anti-bullying zone • If someone say ABC remind them of XYZ

  4. Closing Arguments • Content (continued) • Animate - gesticulate • Key instructions • Translate • Apply • 5 points or less • Key points • Minutia-free zone

  5. Closing Arguments • Content (continued) • Themes • “The wise are instructed by reason, average minds by experience, the stupid by necessity and the brute by instinct.” Cicero • Instinct • Patriotism – Cicero • Lie • Betrayal • Fear • Loneliness • Must mean more than the other side’s points

  6. Verdict Form • Instructions/Charge • Prepare them early • Charge conference • Must preserve objections after charge • Verdict Form • Rule 49 • Consistency • Control the verbiage

  7. Questions / Inconsistent Verdict • Questions during deliberations • Don’t request error • Mark for ID • Hammer charge – if still deadlocked, hung jury • Inconsistent verdict – don’t sit on your rights • Polling the jury

  8. Post Trial Motions • Judgment • Enters after verdict/ruling on motion • Rule 54(b)- separate and final • Motion for JNOV / New trial • Strict 10 day deadline for both • Notice of Appeal deadline runs from date of order • JNOV (Rule 50(b)) requires motion for DV motion at close of opposing party’s evidence and that no reasonable jury could have found against movant-If successful, judgment enters for your client • New Trial (Rule 59) requires some error or irregularity that resulted in an outcome against the clear weight of the evidence – if successful, new trial for your client

  9. Post Trial Motions • Motion for Remittitur / Additur • Motion for reduction or increase in verdict • New trial unless non-movant agrees to the modified verdict • Relief from Judgment / Order • Rule 60 • Must be made within 1 year except as provided

  10. Questions

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