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31 Cards in this Set

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Ala. R. Civ. P. 50
Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings (a) Judgment as a Matter of Law; (b) Renewal of Motion for Judgment After Trial; Alternative Motion for New Trial; (c) Same: Conditional Rulings on Grant of Motion for Judgment as a Matter of Law; (d) Same: Denial of Motion for Judgment as a Matter of Law; (dc) District Court Rule
Ala. R. Civ. P. 50(a)
(a) Judgment as a Matter of Law. (1) If a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party, then the court may grant a motion for judgment as a matter of law; (2) Motions for judgment as a matter of law specify the judgment sought and the facts supporting entitlement; may be submitted anytime before the jury retires.
Ala. R. Civ. P. 50(b)
(b) Renewal of Motion for Judgment After Trial; Alternative Motion for New Trial. The motion may be renewed within thirty (30) days of judgment. A motion for a new trial under Rule 59 may be joined with a renewal of the motion for a judgment as a matter of law, or a new trial may be requested in the alternative. The court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as a matter of law.
Ala. R. Civ. P. 50(c)
(c) Same: Conditional Rulings on Grant of Motion for Judgment as a Matter of Law. (1) If the renewed motion for judgment as a matter of law is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. (2) The victim of judgment as a matter of law has been entered may file a motion for a new trial pursuant to Rule 59 not later than thirty (30) days after entry of the judgment.
Ala. R. Civ. P. 50(d)
(d) Same: Denial of Motion for Judgment as a Matter of Law. If the motion for judgment as a matter of law is denied, the party who prevailed on the motion may, as appellee, assert grounds entitling the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted.
Ala. R. Civ. P. 50(dc)
(dc) District Court Rule. Rule 50 does not apply in the district courts.
Ala. R. Civ. P. 55
Default (a) Entry; (b) Judgment; (c) Setting Aside Default; (d) Plaintiffs, Counterclaimants, Cross-Claimants; (e) Proof Required Despite Default in Certain Cases; (dc) District Court Rule
Ala. R. Civ. P. 55(a)
(a) Entry. Defaults are entered by the clerk or by the court.
Ala. R. Civ. P. 55(b)
(b) Judgment. Judgment by default may be entered as follows: (1) By the Clerk. When the claim is for a sum certain, the clerk upon request and affidavit shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and if the defendant is not a minor or incompetent person. (2) By the Court. Generally, no judgment by default shall be entered (A) against a minor, or (B) against an incompetent person. If the party has appeared in the action, he shall be served with written notice of the application for judgment at least three (3) days prior to the hearing in which the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury pursuant to the provisions of Rule 38.
Ala. R. Civ. P. 55(c)
(c) Setting Aside Default. The court has discretion to set aside an entry of default at any time before judgment. The court may on its own motion set aside a judgment by default within thirty (30) days after the entry of the judgment. The court may also set aside a judgment by default on the motion of a party filed not later than thirty (30) days after the entry of the judgment.
Ala. R. Civ. P. 55(d)
(d) Plaintiffs, Counterclaimants, Cross-Claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).
Ala. R. Civ. P. 55(e)
(e) Proof Required Despite Default in Certain Cases. No judgment by default shall be entered against minors, incompetents, or parties to an action for divorce or annulment of marriage unless the claimant establishes the party's claim or right to relief by evidence.
Ala. R. Civ. P. 55(dc)
(dc) District Court Rule. Rule 55 applies in the district courts, except that (1) the reference to a jury in Rule 55(b)(2) is deleted; (2) the time period of thirty (30) days in Rule 55(c) is reduced to fourteen (14) days in all cases except for unlawful-detainer actions subject to appeal under § 6-6-350, Ala. Code 1975, in which actions the thirty- (30-) day time period is reduced to seven (7) days; (3) the provisions dealing with an action for divorce or annulment of marriage at Rule 55(e) are deleted; and (4) a party shall not be deemed in default if the party has served an appearance in the form of a motion to dismiss.
Ala. R. Civ. P. 59
"New Trials; Amendment of Judgments." (a) "Grounds." (b) "Time for Motion." (c) "Time for Serving Affidavits." (d) "On Initiative of Court." (e) "Motion to Alter, Amend, or Vacate a Judgment." (f) "Remittitur." (g) "Presentation of Motions Not Required." (dc) "District Court Rule."
Ala. R. Civ. P. 59(a)
(a) Grounds. (1) on jury issues under legal precedent and (2) on non-jury issues under equitable precedent. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
Ala. R. Civ. P. 59(b)
(b) Time for Motion. A motion for a new trial shall be filed not later than thirty (30) days after the entry of the judgment.
Ala. R. Civ. P. 59(c)
(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits, they shall be served with the motion. The opposing party has fifteen (15) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty (20) days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.
Ala. R. Civ. P. 59(d)
(d) On Initiative of Court. Not later than thirty (30) days after entry of judgment the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and in the order shall specify the grounds therefor.
Ala. R. Civ. P. 59(e)
(e) Motion to Alter, Amend, or Vacate a Judgment. A motion to alter, amend, or vacate the judgment shall be filed not later than thirty (30) days after entry of the judgment.
Ala. R. Civ. P. 59(f)
(f) Remittitur. The court may, on motion for new trial, require a remittitur as a condition to the overruling of the motion for new trial; and, the acceptance of such remittitur by the plaintiff shall not, on appeal by the defendant, prejudice the plaintiff's right to seek reinstatement of the verdict in its full amount.
Ala. R. Civ. P. 59(g)
(g) Presentation of Motions Not Required. Presentation of any post-trial motion to a judge is not required in order to perfect its making, nor is it required that an order continuing any such motions to a date certain be entered. All such motions remain pending until ruled upon by the court (subject to the provisions of Rule 59.1), but shall not be ruled upon until the parties have had opportunity to be heard thereon.
Ala. R. Civ. P. 59(dc)
(dc) District Court Rule. Rule 59 applies in the district courts except that (1) Rule 59(a)(1) dealing with new trials in jury actions is deleted; (2) all time periods of thirty (30) days are reduced to fourteen (14) days except in unlawful-detainer actions subject to appeal under § 6-6-350, Ala. Code 1975, in which actions the time periods are reduced to seven (7) days; and (3) the provision for time in which to serve counter-affidavits of Rule 59(c) is deleted.
Ala. R. Civ. P. 59.1
Disposition of Motion for New Trial and Other Post-Trial Motions No postjudgment motion filed pursuant to Rules 50, 52, 55, or 59 shall remain pending in the trial court for more than ninety (90) days, unless with the express consent of all the parties, which consent shall appear of record, or unless extended by the appellate court to which an appeal of the judgment would lie, and such time may be further extended for good cause shown. A failure by the trial court to render an order disposing of any pending postjudgment motion within the time permitted hereunder, or any extension thereof, shall constitute a denial of such motion as of the date of the expiration of the period.
Ala. R. Civ. P. 59.1(dc)
(dc) District Court Rule. Rule 59.1 applies in the district courts, except that the time period of ninety (90) days is reduced to fourteen (14) days unless within that time an order extends the period, for good cause shown, for not more than an additional fourteen (14) days.
Brief City of Crossville v. Haynes, 925 So. 2d 944 (Ala. 2005)
Background: Wrongful-death and negligence action against city, police chief, officers, and dispatchers after inmate committed suicide in city jail. The Circuit Court, DeKalb County, granted police chief and officers' summary- judgment motion, denied dispatchers' summary-judgment motion, and remitted jury verdict to award administratrix $100,000. City appealed. The Supreme Court held (1) evidence did not defeat summary judgment, (2) city was immune from liability, (3) no proximate cause to dispatcher for suicide
11-93-2. Maximum amount of damages recoverable against governmental entities; settlement or compromise of claims not to exceed maximum amounts.
Recovery is limited to $100,000 for singles and $300,000 for multiples.
Ex parte Andrews, 520 So. 2d 507 (Ala. 1987)
Notice of appeal does not affect motion to alter, amend, or vacate.
What was the holding in Bolen v. Sherrill, 915 So. 2d 565 (Ala. 2005) on Rule 59.1's 90-day rule?
Background: Action for negligence in which court granted motion to set aside default judgment. The dispositive issue presented by this petition is whether the motion to set aside was denied on September 2 by operation of law pursuant to Rule 59.1. Express consent wasn't given, therefore the order to set aside default judgment was invalid.
Crown Castle USA, Inc. v. Howell, 13 So. 3d 454 (Ala. Civ. App. 2007)
No-solicitation/no-hire contracts between companies are invalid if they are more restrictive than a non-compete between an employee and employer.
Striking veniremembers in a nondiscriminatory way: Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002)
Trial court's decision that prosecutor's explanation for striking female veniremembers in capital murder prosecution, that veniremembers maintained strong religious convictions or were engaged in religious work, was gender neutral, was not clearly erroneous, even though such veniremembers indicated they did not have any problems imposing a death sentence, defense counsel's questioning rather than prosecutor's brought out their religious affiliations or duties, and prosecutor asked no follow up questions, as explanation based on religion was facially neutral to a claim of discrimination based on gender, and trial court's prior courtroom experience was that prosecutor was not one to strike minorities.
Brief Munoz v. Oceanside Resorts, Inc., 223 F.3d 1340 (11th Cir. 2000)
Employee terminated from his position as room service waiter for resort sued resort-employer, alleging age discrimination in violation of the Age Discrimination in Employment Act (ADEA) and the Florida Civil Rights Act (FCRA). Held that: (1) employee established that reasons for his termination were pretextual; (2) award of back pay was not excessive; (3) evidence supported award of damages for emotional distress and dignitary injury; and (4) elimination of employee's position after his termination was insufficient to preclude award of front pay.