Foundations Chapter 19 PowerPoint: Post-Judgment Motions and Appeals

1

Overview



2

Chapter 19 Judgments


3

Post-Judgment
Post-Judgment Motions and Motions


Appeals 4

Error and the

Record



5
Appeals














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1

What are
Appeals?



2

Federal Court
Section 1 System




3

Overview State Court
System




4
Overview of
Rules
















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1| Overview of the Appeal Process:

What are Appeals?












Avenue for fixing erroneous judgments



Not truly a “do-over” of the case



Uses the record below, not new


testimony or evidence



Often used to resolve conflicts among


lower courts



Appellate processes in both federal


and state systems










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1| Overview of the Appeals Process:

Federal System












 13 circuits overseeing


district courts


 Supreme Court hears


appeals from 13 circuits


& highest state courts


 Issues writs of certiorari


to hear cases


 Also direct appeals,


habeas corpus,

interlocutory appeals







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1| Overview of the Appeals Process:

State Systems (Florida)








State systems differ



Florida has a Supreme


Court & 5 district courts


of appeal



FL Supreme Court has



mandatory jurisdiction


over some matters, such


as death penalty cases



Discretionary review


exercised via writs






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1| Overview of the Appeals Process:

Overview of Rules












Federal Rules of



Civil Procedure



Federal Rules of


Appellate Procedure



Florida Rules of


Appellate Procedure



Local Rules for all


courts










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1
What is a

Judgment?
Section 2

2

Types of

Judgments Judgments


3

Enforcing
Judgments



















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2| Judgments:

What is a Judgment?











Court’s ruling on


the issues before it



Can apply to entire


case or individual



issues



Type of judgment


being appealed will


impact appellate


process








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2| Judgments:

Types of Judgments












Judgment on the


pleadings



Default judgment



Summary judgment



Jury verdict



Bench trial verdict



Appellate court


rulings









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2| Judgments:

Enforcing Judgments



















Cataloguing assets



Collections



Post-judgment



depositions and


interrogatories
















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1
What is a Post-

Judgment
Motion?



2
Section 3 Rule 50: Motion
for Judgment as
a Matter of Law



Post-Judgment Motions 3

Rule 59: Motion
for a New Trial



4

Rule 60: Motion
for Relief from
Judgment











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3| Post-Judgment Motions:

What is a Post-Judgment Motion?














Filed in the trial


court




Not appeals


themselves, but


can be appealed



Help to establish a


record













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3| Post-Judgment Motions:

Rule 50: Motion for Judgment as a



Matter of Law








Known as a Motion for JMOL or for


directed verdict




Argues that the other side has


presented insufficient evidence to


support its claim



Filed at the close of the plaintiff’s case


and before case submitted to jury



Renewed after the entry of judgment












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3| Post-Judgment Motions:

Rule 59: Motion for a New Trial











Filed within 28 days


in federal court, 15


days in Florida Court



Often filed in

conjunction with a


motion for JMOL



Grounds include juror

misconduct or verdict


against the weight of


the evidence







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3| Post-Judgment Motions:

Rule 60: Motion for Relief from Judgment









Remedy clerical


errors



Grounds include


newly discovered


evidence, fraud or


misrepresentation,



or judgment is void



Less likely to be


granted than a


motion for a new trial






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1
Importance of
the Record to
Section 4 Appeals




2
Preserving the
Error and the Record Record for

Review



3

Types of Error


















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3| Error and the Record:

Importance of the Record to Appeals










Record is source of


evidence for appeals



court



All parties should be


preparing for


possibility of appeal



Record must be


considered as it is



being created








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3| Error and the Record:

Preserving the Record for Review










Appellate court will


not review issues

not presented at


trial



Objections not


raised at trial may

be deemed waived



Arguments should


be made regardless


of likelihood of

success





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3| Error and the Record:

Types of Error

























Harmless error



Plain error
























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1
Final Judgments
and Interlocutory

Orders


Section 5 2

Standards of
Review


Appeals 3


Appellate Briefs



4
Paralegal’s Role
in Appeals














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5| Appeals:


Final Judgments and Interlocutory


Orders







Only final orders


are appealable


under 1292(a)



Numerous

exceptions exist for


appealing


interlocutory orders



Additional

exceptions under


FRCP 23(f) and


54(b)





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5| Appeals:

Standards of Review























Abuse of Discretion



Clearly Erroneous



De Novo





















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5| Appeals:

Appellate Briefs










Statement of Issue(s) Presented for Review


Summary of the Argument




Standard of Review



Statement of the Case



Statement of the Facts



Argument



Conclusion



TOC and TOA









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5| Appeals:

Paralegal’s Role in Appeals

















Deadlines



Researching rules


and law



Maintain and review


record



Brief drafting














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