4.3 Post-Trial, Appeals & ADR

The trial ends, but the litigation machine keeps running. Paralegals must track the deadlines that follow a verdict with the same precision as discovery cutoffs — miss the 28-day post-trial window or the 30-day appeal window and rights are permanently lost.

Entry of Judgment (Rule 58)

A judgment is the court's formal, final determination of the parties' rights. Under Rule 58, the court must promptly approve the form of judgment, and the clerk enters it on the civil docket. Judgment must be set out in a separate document (the "separate document rule"), with narrow exceptions such as orders disposing of post-trial motions. Entry of judgment is the trigger event: post-trial motion deadlines, the appeal clock, and interest accrual all run from it. Note that an award of costs (filing fees, transcript fees, witness fees — but not attorney's fees absent a statute or contract) is handled separately under Rule 54(d) by the clerk on a bill of costs, typically within 14 days.

Enforcement of Judgments (Rule 69)

A judgment is a piece of paper until it is collected. Rule 69(a) makes the judgment creditor's remedies follow the procedure of the state where the court sits, supplemented by federal tools:

• Writ of execution — directs the U.S. Marshal or sheriff to seize and sell the debtor's nonexempt property to satisfy the judgment
• Garnishment — reaches money owed to the debtor by a third party, most commonly wages or bank accounts; wage garnishment is federally capped (generally 25 percent of disposable earnings under the Consumer Credit Protection Act)
• Judgment lien — recorded against the debtor's real property so the judgment must be paid when the property is sold or refinanced
• Discovery in aid of execution — Rule 69(a)(2) lets the creditor serve post-judgment interrogatories and document requests to locate the debtor's assets

A judgment is enforceable for many years and can be renewed under state law; paralegals commonly prepare the writ applications, garnishment papers, and asset-locator discovery.

Post-Trial Motions: The 28-Day Window

Two families of motions must be filed no later than 28 days after entry of judgment — the deadline cannot be extended by the court:

• Rule 50(b) renewed motion for judgment as a matter of law (JMOL) — asks the court to enter judgment for the movant notwithstanding the verdict, on the ground that no reasonable jury could have reached that result. Critical prerequisite: the movant must have made a Rule 50(a) motion during trial on the same grounds; you cannot renew what you never raised.
• Rule 59 motion for a new trial — the verdict was against the great weight of the evidence, damages were excessive or inadequate, or serious trial error occurred. The court may also order remittitur (reduce excessive damages) or additur (increase inadequate damages, where permitted; the Supreme Court barred additur in federal court as a Seventh Amendment violation).
• Rule 59(e) motion to alter or amend the judgment — used to correct clear errors of law or present newly discovered evidence.

Rule 60(b) provides later, narrower relief from judgment (mistake, newly discovered evidence, fraud, void or satisfied judgment) with its own time limits — one year for fraud, for example. A timely post-trial motion also tolls the time to appeal until the motion is resolved.

Appeals

Federal appeals go from the district court to the U.S. Court of Appeals for the circuit, governed by the Federal Rules of Appellate Procedure (FRAP). The essential mechanics:

• Notice of appeal (FRAP 3–4) — filed with the district court clerk within 30 days after entry of judgment; 60 days when the United States or its agencies or officers are parties. The notice is jurisdictional in practice: a late notice forfeits the appeal.
• Final judgment rule — appeals generally lie only from final decisions that end the litigation (28 U.S.C. § 1291). Interlocutory review is exceptional: interlocutory appeals by permission (§ 1292(b)), appeals as of right from injunction orders, and the collateral order doctrine.
• Record on appeal — the clerk and court reporter assemble the record; paralegals help designate it, compile exhibits, and prepare the appendix.

Standards of Review

The appellate court's power depends on what kind of ruling is challenged — memorizing this table is high-yield exam material:

Note the appellate court generally reviews only issues preserved below — objections not made at trial are usually waived (plain-error review is rare in civil cases).

Alternative Dispute Resolution (ADR)

Alternative dispute resolution (ADR) resolves disputes outside trial. The exam draws sharp lines between the two main forms:

Mediation is nonbinding by nature: the mediator helps the parties reach their own agreement, and either side can walk away. Arbitration is adjudicative: under the Federal Arbitration Act (FAA), agreements to arbitrate are enforceable, and binding awards can be confirmed into court judgments. Court-annexed nonbinding arbitration and early neutral evaluation sit between the two. Paralegals draft mediation statements, assemble arbitration exhibits, and calendar FAA deadlines (three months to move to vacate an award).

Settlement

Most civil cases settle. Key tools:

• Settlement agreements are contracts; breaches are enforced as contract claims, often through a motion in the original case if the court retained jurisdiction.
• Rule 68 offer of judgment — a defendant may formally offer judgment on specified terms at least 14 days before trial. If the plaintiff rejects it and wins less than the offer at trial, the plaintiff must pay the defendant's post-offer costs.
• Confidentiality clauses and releases — paralegals draft and proof these carefully; a release of "all claims" broadly waives even unknown claims.
• Dismissal on settlement — parties file a Rule 41(a)(1) stipulation of voluntary dismissal, usually with prejudice so the claim cannot be refiled.

Paralegal scenario: The jury returns a defense verdict. Judgment is entered June 1. Your attorney considers a renewed JMOL and a new-trial motion — both are due June 29 (28 days), and a notice of appeal would otherwise be due July 1 (30 days), though timely post-trial motions restart that clock when they are resolved. You also prepare a bill of costs within 14 days. Every one of those deadlines is an exam-worthy number.