[wd_asp id=1]
In this lesson, you will learn about Judgment as a Matter of Law, what it means, and how it’s used during litigation.
JUDGMENT AS A MATTER OF LAW – Issued at trial when the disputed evidence is insignificant for a jury to weigh. It is a summary judgment standard but is made during or after trial.
A Motion for Judgment as a Matter of Law happens right before the trial and verdict. By this point, one party believes that they have all of the evidence on their side.
Example – Terence’s defamation case:
- Terence sues Nina for libel after she calls him a gigolo at work.
- At trial, witnesses attested to Nina’s statement and Terence’s good reputation.
- Nina had no witnesses or any evidence to support her opinion about Terence.
- Terence moved for Judgment as a Matter of Law.
What can Terence do?:
- Present evidence that the statement was made.
- Present evidence that no reasonable jury could find that the statement was not made.
- Show that Nina presented no contradictory evidence to the statement being made.
When serving or moving for Judgment as a Matter of Law, the moving party can:
- Show that evidence is insufficient to support the opponent’s claim or defense.
- File a written motion or make an ore tenus (oral) statement of specific grounds.
- Schedule a meeting on the motion.
When getting or opposing Judgment as a Matter of Law, the opposing party can:
- Identify substantial evidence creating jury issues.
- Request reopening of evidence, or amendment to pleadings, or that ruling only be made only for specified parties or causes of action.
Transcript
Judgment as a matter of law is one in which a judge issues the judgment at trial.
When the evidence does not support a basis for the jury to decide the case.
A court may enter judgment after finding that no reasonable jury could reach a different conclusion than what the judge sees.
Now the judge has a choice of ruling either before or after the jury returns averted.
If the judge waits and if the jury returns a verdict against the moving party. Well, at that point, the moving party could likely move again for judgment as a matter of law. And the judge could grant or deny that motion.
Of course, if it\’s granted, the non moving party can appeal that judgment.
When does this happen?
Well, by the time a case gets to a motion for judgment as a matter of law, All that\’s left is trial or verdict.
At this point, one party believes they have all the evidence and required elements on their side. And the law says they should win.
Let\’s take an example.
Terrence sued Nina for defamation.
After she called him a gigolo at his place of business.
As head waiter at an exclusive restaurant, Terence\’s reputation was very important to him.
But when he sued Nina answered the complaint right away, Soon thereafter, she tried to have the case dismissed, but her motion to dismiss was denied.
When it was time for discovery, Terence jumped right on it. He deposed two witnesses to the event.
Now he\’s not able to prove that he\’s not a gigolo, you can\’t prove a negative.
But he also sends interrogatories to numerous people, including his current and former girlfriends.
All of whom attested to his good reputation.
All of his witnesses also agreed to testify at trial.
For her part, Nina sent requests for admissions and interrogatories to both Terrence and all the people on his witness list.
But none of them stated facts that would back up Nina\’s contention that Terrence was a gigolo.
She didn\’t have any witnesses of her own and couldn\’t prove that she didn\’t make the statement.
Well, at trial, Terrence was able to prove that Nina had made a statement and that he had a good reputation before she\’d made that statement and a not so good one afterwards.
His friends and family also testified that he was not now nor had he ever been a gigolo to their knowledge.
Nina, for her part, was unable to find anyone who could back up her statement that Terrence was a Jibolo.
But when she rested her case, Terence immediately moved for judgment as a matter of law.
Well, what needs to happen for Terrence to prevail?
As the plaintiff, Terrence bears the initial burden of proof in his case.
This job is to present evidence sufficient to permit a reasonable jury to find that Nina had made the statement that he was a gigolo.
And that the statement was untrue.
If Terrace does this, he\’s satisfied his burden.
Well, Terrace is able to present evidence that no reasonable jury could find that Nina hadn\’t made that statement.
That satisfied when Terrence\’s witnesses to the statement are unimpeached and are shown to be disinterested in the caves.
At that point, the burden of proof shifts to Nina.
Terence would be entitled to judgment as a matter of law, unless Nina can produce some contrary evidence.
Nina needs to produce evidence sufficient to allow a reasonable jury to decide that it was more likely than not that she never made that statement. Or that Terrence was a gigolo, in fact. Well, Nina presented no evidence to contradict Terrence\’s claims.
She called no one to the stand to say that her statement was true. She couldn\’t say that Terrence was a gigolo.
And since at this point, she has the burden of proof, Terrence should win the case.
Let\’s step back and talk about how to get judgment as a matter of law and how to oppose it.
If you are the moving party, your essential job here is to find proof of the absence of some element of a claim counterclaim or affirmative defense in your opponent\’s case.
You need to find that they don\’t have the evidence to prove their side of the case.
You will list your proof of that in a written motion along with supporting legal authorities.
You\’ll point out that the evidence is insufficient to support your opponent\’s claim or defense.
Schedule a hearing on your motion outside the presence of a jury.
Oftentimes, you can also simply make an oral statement to stand up in court outside the presence of a jury and make your oral motion for judgment as a matter of law. Based on specific grounds.
If you are the non moving party opposing judgment as a matter of law, Your essential task is to identify any substantial evidence that would create a jury issue. That would be worth the jury weighing, after all of the evidence has been produced.
Now if you\’re unable to do that, you can ask the court to reopen the discovery period to allow you to collect to collect additional evidence.
You may also ask the court to allow you to amend your pleadings, to narrow your claim or your defense to only what the evidence shows.
You may also ask that any ruling by the court, if they\’re going to grant motion, if they\’re going to grant your opponent\’s motion for judgment as a matter of law, be made only regarding specific parties in the case if there are multiple parties and specific causes of action, if there are multiple causes of action.
If the court is going to grant, your opponent\’s motion for judgment as a matter of law, you can also request that any findings listed not be made on the merits.
Now all of that is very difficult, to get quite frankly, your essential job is to identify any evidence that would create a jury issue that would be worth a jury considering your side of the case. If you\’re unable to do that, chances are you\’re going to lose, judgment as a matter of law.
Back to our example, Terrence\’s goal is to move for judgment as a matter of law. Now this motion is filed near the end of a case. Terence has gone all the way to trial. He\’s taken all of the courses at courtroom five. He\’s stored lots of, information and evidence in courtroom five that he can draw on now.
Terence uses the evidence tool where he has stored all of the evidence collected throughout the case.
He\’s also used his notes tool like a journal or a diary to fill in any gaps.
And he\’s used the laws tool to find and record appellate cases throughout the case.
He now looks for more supporting case law and statutes.
Parents has been preparing for this moment for a long time. He\’s known that Nina had no case. He just had to prove it. And up to this point, he hadn\’t been able to do so. But now he can.
Throughout the case, Terrence has collected evidence showing that the derogatory statement about him had been made.
He\’s written notes and recorded information supporting his contention that no reasonable jewelry would be able to find that Nina had not made that statement.
He also uses his notes to show that Nina could present no contradictory evidence to show, that she had not made the statement.
He also found information to support the elements required for granting judgment as a matter of law.
The standard here is that if a jury could reasonably return a verdict in favor of the non movement that would be Nina in this case, then his motion should not be granted.
But if no reasonable jury could find for Nina on the basis of the evidence that had been presented to it, that is if reasonable minds could not disagree, then his motion should be granted.
He quoted the standard in his argument for judgment as a matter of law.
Terrence stands up in court outside the presence of a jury and makes an orry tennis That\’s an ory tennis or oral motion for judgment.
Now there\’s no need to schedule a hearing on it because the court is in open session during Terrence\’s trial, but nevertheless, the judge asked Terrence to file a written motion.
And so Terrence uses the document\’s tool. And finds the proper template to draft his motion.
He names the document plaintiff\’s motion for judgment as a matter of law. Again, we want to keep our motion titles simple.
Terence copies and pastes pertinent parts from its evidence laws tool, and the notes tool into the body of his document.
Terrence files the the motion as the judge had requested and then argues his motion for judgment as a matter of law.
The judge agrees and grants his motion.
The judge signs Terrence\’s proposed order and awards him all the damages requested in his complaint.