When is the Verdict or Judgment Final?: An Examination of Post Trial Activity in Civil Litigation
Thomas H. Cohen
Administrative Office of the U.S. Courts: Office of Probation and Pretrial Services
July 10, 2009
CELS 2009 4th Annual Conference on Empirical Legal Studies Paper
In the civil justice system, there is often an expectation of case resolution with jury and bench trials. The assumption that verdicts or judgments provide an end point to civil disputes, however, does not provide an accurate view of the full civil litigation process. Litigants can file motions requesting various forms of post trial relief as a means of challenging or modifying the trial court verdict or judgment. This article applies multivariate logistic regression techniques to examine the factors associated with post trial activity among a sample of tort and contract trials concluded in the nation’s 75 most populous counties in 2005. Results show that the legal issues adjudicated at trial, the type of trial (bench/jury), damage award amounts, punitive damages, filing to disposition time, and trial length are all significantly associated with the decision of one or both litigants to seek post trial relief.
Number of Pages in PDF File: 41
Keywords: post trial motions, appeals, civil bench and jury trials
JEL Classification: K41working papers series
Date posted: July 14, 2009
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