Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureMedium
During a federal civil trial, the plaintiff introduces evidence that the defendant had previously settled a similar claim with another party. The defendant's attorney immediately objects, arguing that this evidence is inadmissible. The judge sustains the objection and instructs the jury to disregard the evidence. However, the defendant believes the evidence was so prejudicial that it tainted the jury's perception. What is the most appropriate motion for the defendant to make at the conclusion of the trial, before judgment is entered, to seek a new trial based on this issue?
- AMotion for Judgment as a Matter of Law (JMOL)
- BMotion for a New Trial
- CMotion to Amend Findings
- DMotion for Relief from a Judgment or Order
Show answer & explanationAnswer & explanation
Correct answer: B. Motion for a New Trial
A motion for a new trial under Rule 59(a) is the appropriate mechanism to seek a new trial based on errors during the trial, such as improper admission of prejudicial evidence, even if an objection was sustained and a curative instruction given, if the error is deemed to have significantly affected the fairness of the trial.
Why the other options are wrong
- A. JMOL challenges the sufficiency of the evidence to support any verdict, not trial errors like prejudicial evidence.
- C. Motion to Amend Findings (Rule 52(b)) applies in bench trials, not jury trials, to alter or amend factual findings.
- D. Motion for Relief from a Judgment or Order (Rule 60(b)) is used to seek relief from a final judgment due to specific circumstances like mistake, fraud, or newly discovered evidence, not for trial errors like this.
Motion for a New Trial (FRCP 59)
A motion for a new trial may be granted for any reason for which a new trial has heretofore been granted in an action at law in federal court, such as a verdict against the clear weight of the evidence, excessive damages, or serious errors of law or procedure that prejudiced a party.
- Must be filed no later than 28 days after entry of judgment.
- Court has broad discretion to grant if trial was unfair or verdict was seriously flawed.
- Can be based on errors in law, facts, or procedure.
Memory trick: After Trial, Options are New or Judged or Changed.