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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

Professor Fischer

Columbus School of Law

The Catholic University of America

October 29, 2003


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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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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)


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RIGHT TO TRIAL BY JURY IN CIVIL ACTIONS

  • What constitutional provision limits the right to trial by jury in a civil action?


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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


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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).




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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


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ORDER WHERE JURY AND NON-JURY ISSUES

  • Which should the court hear first?


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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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