Also known as: trials on the merits · merits trial
Written by attorneys · grounded in primary & secondary sources — see below
A formal judicial proceeding in which the parties present evidence and arguments on the substantive issues of a case. The proceeding produces a binding determination of liability or rights after pretrial matters have been resolved. A judgment entered after such a proceeding carries preclusive effect on related claims involving the same harm.
Thaddeus Tran and Triumph Manufacturing were sued together for a single injury caused by a defective product. After the court conducted a trial on the merits and heard all evidence on causation and damages, the jury found Triumph Manufacturing liable but exonerated Thaddeus Tran. Because the liability of one could not exist without the liability of the other, the court entered judgment against both defendants.
Twin Rivers Bank sought a preliminary injunction to halt TechVista Solutions from using disputed software. Before the hearing began, the court advanced the trial on the merits and consolidated it with the injunction proceeding. Evidence admitted at the combined hearing became part of the trial record, and the parties preserved their jury trial rights for any remaining factual disputes.
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A court may advance the trial on the merits and consolidate it with a preliminary injunction hearing either before or after the hearing begins. Evidence received on the motion that would be admissible at trial becomes part of the trial record and need not be repeated. The court must still preserve any party's right to a jury trial.
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When two defendants are joined for the same harm, a judgment after trial on the merits may be entered against one and in favor of the other unless the liability of one cannot exist without the liability of the other. In that situation the judgment must be consistent for both defendants.
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A party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial on the merits. Defenses that meet this standard must be raised before trial if the basis is reasonably available.
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Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Other acts or proceedings may be conducted by a judge in chambers.
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