The plaintiff sued the defendant in federal court for breach of contract. The case went to trial, and the jury found in favor of the plaintiff and awarded her $125,000. Judgment was entered on June 1. On June 10, the defendant filed a motion for a new trial. On June 18, the plaintiff files to enforce the judgment. The court has not issued any orders since the final judgment on June 1. May the plaintiff enforce the judgment?

A. Yes, because judgments are enforceable as soon as they have been entered.

B. Yes, because judgments are enforceable during pendency of post-trial motions unless the court otherwise orders.

C. No, because judgments are not enforceable until 28 days after entry.

D. No, because judgments cannot be enforced while a post-trial motion is pending.

Question

Social Studies

Destinee Whitney

16 August, 12:50

The plaintiff sued the defendant in federal court for breach of contract. The case went to trial, and the jury found in favor of the plaintiff and awarded her $125,000. Judgment was entered on June 1. On June 10, the defendant filed a motion for a new trial. On June 18, the plaintiff files to enforce the judgment. The court has not issued any orders since the final judgment on June 1. May the plaintiff enforce the judgment?

A. Yes, because judgments are enforceable as soon as they have been entered.

B. Yes, because judgments are enforceable during pendency of post-trial motions unless the court otherwise orders.

C. No, because judgments are not enforceable until 28 days after entry.

D. No, because judgments cannot be enforced while a post-trial motion is pending.

+4

Answers (2)

Know the Answer?

Dax Webb · Answer 1

Yes it is enforceable, on judgement options, once a plaintiff receives a judgement in favour of him in terms of monetary, the defendant has up till 28days to make such payment. Judgement has been passed, it needs to be followed as it has been passed, it has been entered, it is left for the defendant to comply.

Nathanael Frey · Answer 2

B. Yes, because judgments are enforceable during pendency of post-trial motions unless the court otherwise orders.

Explanation:

The plaintiff may enforce the judgment since judgments are enforceable during pendency of post-trial motions unless the court otherwise orders.

Option A, C, D are incorrect, because execution on judgments are not allowed for 14 days after entry except in special cases

In this case the court has not order a stay on the enforcement given in favor of the plaintiff for awarding her $125,000; therefore, the plaintiff can proceed to enforce the judgment