1. Advanced Civil Litigation Class 14Slide 1 Post-Trial Motions Before Verdict Before Verdict Judgment as a matter of law Judgment as a matter of law After Verdict After Verdict Judgment notwithstanding the verdict Judgment notwithstanding the verdict New trial New trial Increase or decrease damages Increase or decrease damages Standards of review Standards of review To reverse a jury’s verdict, the judge must believe that the jury was so unreasonable that no reasonable jury could have rendered the verdict that the jury did To reverse a jury’s verdict, the judge must believe that the jury was so unreasonable that no reasonable jury could have rendered the verdict that the jury did All evidence must be reviewed in the light most favorable to the other party All evidence must be reviewed in the light most favorable to the other party If there’s an issue of fact that is unclear, the jury’s decision gets the benefit of the doubt as to that issue If there’s an issue of fact that is unclear, the jury’s decision gets the benefit of the doubt as to that issue

2. Advanced Civil Litigation Class 14Slide 2 Post-Trial Motions: New Trial Grounds Grounds Mistakes by the trial judge in procedure (e.g., evidence issues) Mistakes by the trial judge in procedure (e.g., evidence issues) Verdict against the weight of the evidence Verdict against the weight of the evidence Newly discovered evidence Newly discovered evidence Excessive or inadequate damages Excessive or inadequate damages Judges sometimes use this leverage to change the amount of an award Judges sometimes use this leverage to change the amount of an award In a jury trial In a jury trial Juries get more deference in deciding issues of fact from judges and appellate courts Juries get more deference in deciding issues of fact from judges and appellate courts In a non-jury trial In a non-jury trial When the judge is a trier of fact, an appellate court will look at the grounds for the decision When the judge is a trier of fact, an appellate court will look at the grounds for the decision But will still give some deference since the trial judge is in the best position to know the nuances of the case But will still give some deference since the trial judge is in the best position to know the nuances of the case

3. Advanced Civil Litigation Class 14Slide 3 Judgment and Bill of Costs Obtaining a judgment from the court Obtaining a judgment from the court This is generally a formality and requires the party to prepare the judgment and submit it to the court for signature This is generally a formality and requires the party to prepare the judgment and submit it to the court for signature Preparing a bill of costs Preparing a bill of costs In many cases, the losing side must pay the winning sides costs In many cases, the losing side must pay the winning sides costs The winning side prepares a list of court costs, including: The winning side prepares a list of court costs, including: Filing fees Filing fees Stenographer fees Stenographer fees Witness fees Witness fees The other side can object. Otherwise, the clerk enters it The other side can object. Otherwise, the clerk enters it Attorney fees are usually not recoverable, but are in some cases where a statute allows or where the judge thinks the case was frivolous Attorney fees are usually not recoverable, but are in some cases where a statute allows or where the judge thinks the case was frivolous

4. Advanced Civil Litigation Class 14Slide 4 Enforcing a Judgment Key terms Key terms Judgment creditor Judgment creditor Judgment debtor Judgment debtor Post-judgment interest (between judgment and payment) is recoverable Post-judgment interest (between judgment and payment) is recoverable Pre-judgment interest is generally not recoverable Pre-judgment interest is generally not recoverable Lis Pendens Lis Pendens The plaintiff can seek to have property that is the subject of the proceeding attached pending trial The plaintiff can seek to have property that is the subject of the proceeding attached pending trial The judgment-proof debtor The judgment-proof debtor Consider whether the debtor can afford to pay anything before trying to collect in the first place Consider whether the debtor can afford to pay anything before trying to collect in the first place

5. Advanced Civil Litigation Class 14Slide 5 Locating the Judgment Creditor’s Assets You need to gather info on debtor’s assets including: You need to gather info on debtor’s assets including: What property is owned only by the debtor What property is owned only by the debtor Jointly owned property (may be protected) Jointly owned property (may be protected) Real Property in a different state or country Real Property in a different state or country Methods by which to obtain this information include Methods by which to obtain this information include Post-judgment interrogatory Post-judgment interrogatory post-trial request for production of documents post-trial request for production of documents post-trial deposition post-trial deposition supplementary proceedings supplementary proceedings Interrogatories in Aid of Judgment Interrogatories in Aid of Judgment Look into recent history of transfers to determine any fraudulent transfers that may have been made Look into recent history of transfers to determine any fraudulent transfers that may have been made

6. Advanced Civil Litigation Class 14Slide 6 Collecting a Judgment Supersedeas bond Supersedeas bond This may be required of the debtor to secue a stay of execution of the judgment This may be required of the debtor to secue a stay of execution of the judgment First Letter to Judgment Debtor First Letter to Judgment Debtor Be firm, but not nasty Be firm, but not nasty Offer a chance to call to settle Offer a chance to call to settle Make sure to include appropriate contact info Make sure to include appropriate contact info Describe legal action that will be taken in response to failure to pay or negotiate Describe legal action that will be taken in response to failure to pay or negotiate Follow-Up Letter to Judgment Debtor Follow-Up Letter to Judgment Debtor Only threaten legal action you’re prepared to take Only threaten legal action you’re prepared to take Be careful not to contact a person you know is represented by counsel Be careful not to contact a person you know is represented by counsel Don’t send collection letters without being aware of the FDCPA rules Don’t send collection letters without being aware of the FDCPA rules

7. Advanced Civil Litigation Class 14Slide 7 Collecting from a Deadbeat Judgment Creditor Methods of collecting property owned by the judgment debtor Methods of collecting property owned by the judgment debtor Execution Execution This is the general process of securing satisfaction of a judgment This is the general process of securing satisfaction of a judgment Levy Levy You need to get a writ issued by the court ordering law enforcement to seize property of the debtor’s and sell it You need to get a writ issued by the court ordering law enforcement to seize property of the debtor’s and sell it The proceeds are used to pay off the judgment The proceeds are used to pay off the judgment Receivership Receivership The debtor’s property can be held until its income (or other assets) are used to pay the judgment The debtor’s property can be held until its income (or other assets) are used to pay the judgment Writ of Execution for Specific Property Writ of Execution for Specific Property Mostly relevant when the property is the subject of the action Mostly relevant when the property is the subject of the action

8. Advanced Civil Litigation Class 14Slide 8 Garnishment of Wages Application for Writ of Garnishment Application for Writ of Garnishment This will generally be sought and issued only as a last resort. The court orders the debtor’s employer to pay a percentage of the salary directly to the creditor. This will generally be sought and issued only as a last resort. The court orders the debtor’s employer to pay a percentage of the salary directly to the creditor. Supporting Affidavit Supporting Affidavit This must state that This must state that The judgment was obtained The judgment was obtained It has not been satisfied after attempts to collect it It has not been satisfied after attempts to collect it Basic Garnishment of Wages Rules Basic Garnishment of Wages Rules Garnishment may not exceed Garnishment may not exceed (1) 25 per cent of disposable earnings, or (1) 25 per cent of disposable earnings, or (2) the amount by which disposable earnings exceed thirty times the Federal minimum hourly wage (2) the amount by which disposable earnings exceed thirty times the Federal minimum hourly wage

9. Advanced Civil Litigation Class 14Slide 9 Judgments: Other Issues When a judgment is entered, it’s generally good for 10 years. Then it can be re-filed When a judgment is entered, it’s generally good for 10 years. Then it can be re-filed Domesticating a Judgment Domesticating a Judgment This is necessary to import a judgment from a different state This is necessary to import a judgment from a different state States must accept other state’s judgments, but the process required in the jurisdiction must be followed States must accept other state’s judgments, but the process required in the jurisdiction must be followed Obtaining an Exemplified Judgment Obtaining an Exemplified Judgment This is an authenticated copy of the judgment provided by the court (for a fee) that can be used in execution This is an authenticated copy of the judgment provided by the court (for a fee) that can be used in execution Keeping Track of Collections of Judgment Keeping Track of Collections of Judgment The file should be organized and kept up to date just as though the trial were still ongoing The file should be organized and kept up to date just as though the trial were still ongoing

10. Advanced Civil Litigation Class 14Slide 10 Appeals- Rules and Standards Questions of Law Questions of Law This is a question of application of the law by the judge This is a question of application of the law by the judge E.g., issues of evidence or jury instructions E.g., issues of evidence or jury instructions Appellate courts review many questions of law de novo Appellate courts review many questions of law de novo many evidentiary issues that are fact based are reviewed only for “abuse of discretion” many evidentiary issues that are fact based are reviewed only for “abuse of discretion” Questions of Fact Questions of Fact The appellate court gives wide deference to the trier of fact on these issues, but can reverse if, as a matter of law, the only legal conclusion is the opposite of the verdict The appellate court gives wide deference to the trier of fact on these issues, but can reverse if, as a matter of law, the only legal conclusion is the opposite of the verdict An error by the lower court judge does not automatically mean reversal. An error by the lower court judge does not automatically mean reversal. Reversible error requires that the error played an important role in the case and the judgment Reversible error requires that the error played an important role in the case and the judgment

11. Advanced Civil Litigation Class 14Slide 11 Appellate Procedure Checklist Federal Rules of Appellate Procedure govern in federal courts Federal Rules of Appellate Procedure govern in federal courts Steps in the process include: Steps in the process include: Notice of Appeal must be filed with the appropriate court and sent to the opponent Notice of Appeal must be filed with the appropriate court and sent to the opponent Check out the FRAP’s time limits Check out the FRAP’s time limits File bond, if necessary File bond, if necessary Order a transcript of the trial and designate the trial record Order a transcript of the trial and designate the trial record Send all papers to the clerk of the court of appeals Send all papers to the clerk of the court of appeals Draft the appellate brief Draft the appellate brief File for extension of time if necessary File for extension of time if necessary Record oral argument time and format Record oral argument time and format Rehearing or further appeal if you lose the appeal Rehearing or further appeal if you lose the appeal

12. Advanced Civil Litigation Class 14Slide 12 Assisting with the Appeal Deadline Control Deadline Control Managing the timeline is an important task a paralegal can supervise and control Managing the timeline is an important task a paralegal can supervise and control Appeal Management Appeal Management Make sure each person knows what their role will be in the process Make sure each person knows what their role will be in the process An attorney will make these decisions An attorney will make these decisions Legal Research Legal Research Verifying the Record Verifying the Record Indexing and Summarizing the key part of the record Indexing and Summarizing the key part of the record The witness transcripts, exhibits, etc., should be organized so that a person working on a brief can easily recall The witness transcripts, exhibits, etc., should be organized so that a person working on a brief can easily recall

13. Advanced Civil Litigation Class 14Slide 13 Assisting with the Appellate Brief Legal research Legal research Finding appropriate cases and statutes Finding appropriate cases and statutes Preparing rough drafts of sections of the briefs Preparing rough drafts of sections of the briefs Or, for less experienced paralegals, drafting memos explain to attorneys or other paralegals what legal research exists in the area Or, for less experienced paralegals, drafting memos explain to attorneys or other paralegals what legal research exists in the area Preparing a table of authorities, a table of contents and an index for the brief Preparing a table of authorities, a table of contents and an index for the brief Preparing basic parts of the brief such as: Preparing basic parts of the brief such as: State of jurisdiction State of jurisdiction Statement of question to be considered Statement of question to be considered Conclusion and relief sought Conclusion and relief sought Preparing final brief for filing, including putting together the exhibits, etc. Preparing final brief for filing, including putting together the exhibits, etc.

14. Advanced Civil Litigation Class 14Slide 14 Assisting with Preparation for Oral Arguments Preparing an “oral argument notebook” can be invaluable during oral arguments because the arguing attorney can use it for quick reference. It should include separate indexed sections for: Preparing an “oral argument notebook” can be invaluable during oral arguments because the arguing attorney can use it for quick reference. It should include separate indexed sections for: Key statutes that are relevant, organized by topic Key statutes that are relevant, organized by topic Synopses of relevant cases cited in both briefs, organized by topic Synopses of relevant cases cited in both briefs, organized by topic Sections of relevant trial record, organized by topic Sections of relevant trial record, organized by topic Copies of important documents and exhibits, organized by topic Copies of important documents and exhibits, organized by topic A paralegal can also serve as a “sounding board” for the lawyer making oral arguments to practice with. You can assume the role of the judge and ask questions. A paralegal can also serve as a “sounding board” for the lawyer making oral arguments to practice with. You can assume the role of the judge and ask questions.