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Closing Arguments and the Verdict

Closing Arguments and the Verdict. Russell X. Pollock Bergstresser & Pollock LLC 52 Temple Place Boston, MA 02111. Closing Arguments. Why Close? Not evidence Jurors have made up their mind Teach your jurors to advocate Rule 51 30 minutes / ask judge

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Closing Arguments and the Verdict

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  1. Closing Arguments and the Verdict Russell X. Pollock Bergstresser & Pollock LLC 52 Temple Place Boston, MA 02111

  2. Closing Arguments • Why Close? • Not evidence • Jurors have made up their mind • Teach your jurors to advocate • Rule 51 • 30 minutes / ask judge • How much time do you really need?

  3. Closing Arguments • Content • Speak in Forwards • Ammunition • Anti-bullying zone • If someone say ABC remind them of XYZ

  4. Closing Arguments • Content (continued) • Animate - gesticulate • Key instructions • Translate • Apply • 5 points or less • Key points • Minutia-free zone

  5. Closing Arguments • Content (continued) • Themes • “The wise are instructed by reason, average minds by experience, the stupid by necessity and the brute by instinct.” Cicero • Instinct • Patriotism – Cicero • Lie • Betrayal • Fear • Loneliness • Must mean more than the other side’s points

  6. Verdict Form • Instructions/Charge • Prepare them early • Charge conference • Must preserve objections after charge • Verdict Form • Rule 49 • Consistency • Control the verbiage

  7. Questions / Inconsistent Verdict • Questions during deliberations • Don’t request error • Mark for ID • Hammer charge – if still deadlocked, hung jury • Inconsistent verdict – don’t sit on your rights • Polling the jury

  8. Post Trial Motions • Judgment • Enters after verdict/ruling on motion • Rule 54(b)- separate and final • Motion for JNOV / New trial • Strict 10 day deadline for both • Notice of Appeal deadline runs from date of order • JNOV (Rule 50(b)) requires motion for DV motion at close of opposing party’s evidence and that no reasonable jury could have found against movant-If successful, judgment enters for your client • New Trial (Rule 59) requires some error or irregularity that resulted in an outcome against the clear weight of the evidence – if successful, new trial for your client

  9. Post Trial Motions • Motion for Remittitur / Additur • Motion for reduction or increase in verdict • New trial unless non-movant agrees to the modified verdict • Relief from Judgment / Order • Rule 60 • Must be made within 1 year except as provided

  10. Questions

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