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32. Is there a course of action available to the teacher's attorney to reverse the judgment?
Five months later, while in a coffee shop, the teacher's attorney heard two men speaking. The teacher's attorney realized that they had been jurors at the teacher's trial and heard one of the jurors say to the other, «There is no way I ever would have found for that pathetic teacher — I couldn't stand his lawyer.»
A painter filed a diversity action against a teacher in federal court in State A. The painter alleged that the teacher failed to pay $85,000 due on a valid service contract. The teacher does not dispute that there was a contract but did testify before the jury that he paid the debt. The painter also testified before the jury, claiming the teacher never paid the debt due pursuant to the contract and that the $85,000 that the teacher paid was for a rare automobile that the painter had previously sold to the teacher. Immediately after the close of evidence, the judge sent the case to the jury. The jury quickly returned a verdict for the painter, which the judge immediately entered.
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Pursuant to Federal Rule of Civil Procedure (FRCP) 60, after a judgment has been entered, a party may be entitled to have the judgment voided on several grounds:
(i) mistake, inadvertence, surprise, or excusable neglect;
(ii) newly discovered evidence that, with reasonable diligence, could not have been discovered in time for a new trial;
(iii) fraud, misrepresentation, or misconduct by an opposing party;
(iv) the judgment is void;
(v) the judgment has been satisfied, released, or discharged; OR
(vi) any other reason that justifies relief.
Federal Rule of Appellate Procedure (FRAP) 4(a)(A) states that «In a civil case. .. the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.» However, this timeliness is waived if a party files certain motions, such as a motion for relief from judgment.
D is correct. Pursuant to FRCP 60, a court may relieve a party from a final judgment on various grounds, including (among others) mistake, inadvertence, surprise, or excusable neglect.
Here, evidence that jurors disregarded the judge's instructions may be the basis for the teacher's motion for relief from a judgment. The attorney overheard the juror say: «There is no way I ever would have found for that pathetic teacher — I couldn't stand his lawyer.» This implies that the juror was biased and had to have disregarded the instructions juries receive to vote based on the evidence presented and the law as explained to them. As such, the attorney has the option to ask the court for relief from judgment on this basis.
A is incorrect. In a civil case, a notice of appeal must be filed with the district court within 30 days after entry of judgment. This timeliness is waived if a party files certain motions, such as a motion for relief of judgment. If any of these motions are filed, then the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion. Since the facts state that it has been five months since the verdict, and there is no indication that any of the above motions were filed, an appeal is not the appropriate course of action at this time.
B is incorrect. The failure to file a motion for judgment as a matter of law is not relevant to the issue presented by this question. Under the FRCP, the failure to file such a motion only precludes the party from raising the question of evidentiary sufficiency on appeal, and to allow the party to file a motion for judgment as a matter of law or motion for a new trial. Because it has been five months since the judgment was entered against the teacher, the teacher's attorney cannot make any motions for a new trial, so whether the attorney filed this motion is irrelevant.
C is incorrect. Motions for a new trial must be filed no later than 28 days after entry of the judgment. Here, five months have passed since the judgment was entered. Therefore, the motion for a new trial will be denied.