Federal Civil Trial Practice: From Final Pretrial Conference to Verdict

78 questions on federal civil trial practice, answered and cited by the UpLaw editorial team.

• Can I appeal a summary judgment denial after losing at trial?
• Can you investigate what happened inside the jury room?
• Does a Rule 60 motion toll the deadline to appeal?
• Does Batson apply in civil cases?
• Do I have to renew an objection I lost in limine?
• How are bench trial findings reviewed on appeal?
• How are damages experts actually excluded at trial?
• How can a party lose the right to a jury trial in federal court?
• How can depositions be used at trial?
• How did the December 2023 amendment to Rule 702 change expert practice?
• How do courts decide whether a claim carries a jury right?
• How does Gasperini affect excessiveness review in a diversity case?
• How does Rule 52(c) differ from Rule 50?
• How does Rule 59's new trial standard differ from Rule 50's?
• How does Rule 609 work in a civil case?
• How does the standard of persuasion affect trial strategy?
• How does voir dire work in federal court?
• How do you preserve an objection to improper closing argument?
• How far can a trial subpoena reach?
• How is bench trial practice different from jury trial practice?
• How is sufficiency preserved in a bench trial?
• How many jurors sit on a federal civil jury, and are there alternates?
• How many peremptory challenges does each side get in a federal civil trial?
• How should a jury note be handled?
• How should deposition designations be handled?
• How should exhibits be prepared for trial?
• How specific must a Rule 50(a) motion be?
• If I lose a motion in limine, can I introduce the evidence myself to draw the sting?
• In what order should hearsay problems be analyzed?
• Is Daubert the standard everywhere?
• Should I ask for a general or special verdict form?
• What are the five methods of impeachment?
• What are the grounds for relief from judgment under Rule 60(b)?
• What are the key takeaways for federal civil trial practice?
• What are the limits on closing argument?
• What are the post-trial deadlines and can they be extended?
• What are the self-authentication provisions that save time at trial?
• What does Rule 51 require to preserve an instruction issue?
• What does Rule 615 sequestration cover after the 2023 amendment?
• What goes into a final pretrial order?
• What happens if a verdict's answers are inconsistent?
• What is an advisory jury and why is it a trap?
• What is an Allen charge and how should it be objected to?
• What is an offer of proof and why is it so often skipped?
• What is remittitur, and why is there no additur in federal court?
• What is Rule 59(e) properly used for?
• What is the 14-day trap in Rule 26(a)(3)?
• What is the appellate math for an evidentiary error?
• What is the classic three-step impeachment sequence?
• What is the correct sequence for admitting an exhibit?
• What is the Daubert trilogy and what did each case hold?
• What is the Dead Man's Statute problem in a federal diversity case?
• What is the difference between a Rule 1006 summary and a demonstrative?
• What is the difference between refreshing recollection and recorded recollection?
• What is the most common trial objection to an expert?
• What is the most important document in a bench trial?
• What is the order of proof in a federal civil jury trial?
• What is the proper sequence for refreshing a witness's recollection?
• What is the rehabilitated juror problem?
• What is the Rule 49(a)(3) waiver trap?
• What is the Rule 50 preservation trap?
• What is the standard for judgment as a matter of law under Rule 50(a)?
• What makes a good motion in limine?
• What may and may not be said in an opening statement?
• What must an objection contain to preserve error?
• What must be done before the jury is discharged?
• What rules govern an expert once she takes the stand?
• What three gates must every exhibit clear?
• When are leading questions permitted on direct examination?
• When does a fact witness cross into improper expert testimony?
• When must a Batson objection be made?
• When must the court tell the parties what the jury charge will say?
• Which evidence rules generate the most in limine motions in commercial cases?
• Why does the final pretrial order control the case?
• Why is an unkept promise in opening so damaging?
• Why is a trial largely decided before the jury is sworn?
• Why is Rule 608(b) a discipline test?
• Why is Rule 801(d)(2)(D) the most underused rule in commercial trial practice?