A motion for a directed verdict requests the court to dismiss the case due to insufficient evidence to support a jury verdict against the moving party. The motion must be made at the close of all evidence presented by both parties and can be granted if there is a lack of material facts, no genuine dispute over material facts, or the moving party is entitled to judgment as a matter of law. The court considers the evidence in the light most favorable to the non-moving party and may grant the motion if the non-moving party has failed to establish a prima facie case.
Structure of a Motion for a Directed Verdict
A motion for a directed verdict is a request to the court to find in favor of the moving party without submitting the case to the jury. The motion is typically made at the close of the opposing party’s case or at the close of all the evidence.
General Structure of a Motion for a Directed Verdict
A motion for a directed verdict should generally include the following elements:
- Title: The title should clearly indicate that the document is a “Motion for Directed Verdict.”
- Case Name and Number: The case name and number should be provided in the caption of the document.
- Introduction: The introduction should briefly summarize the case and explain why the moving party is entitled to a directed verdict.
- Legal Argument: The legal argument should set forth the legal grounds for the directed verdict, including applicable case law and statutes.
- Factual Argument: The factual argument should demonstrate that there is no genuine dispute as to the material facts and that the moving party is entitled to judgment as a matter of law.
- Requested Relief: The requested relief should clearly state that the moving party is requesting the court to direct a verdict in their favor.
- Signature and Verification: The motion must be signed by an attorney and verified, which means that the attorney attests that the statements made in the motion are true and correct.
Table of Elements of a Motion for Directed Verdict
| Element | Description |
|---|---|
| Title | Clearly indicates the document is a “Motion for Directed Verdict.” |
| Case Name and Number | Case identification information |
| Introduction | Summary of the case and justification for the motion. |
| Legal Argument | Legal grounds for the directed verdict based on case law and statutes. |
| Factual Argument | Demonstration that no genuine dispute exists as to material facts. |
| Requested Relief | Request for the court to direct a verdict in the moving party’s favor. |
| Signature and Verification | Attorney’s signature and attestation that the statements are true and correct. |
Additional Considerations
In addition to the general structure outlined above, the following additional considerations may be relevant:
- Number of Motions: In some cases, multiple motions for directed verdict may be filed at different stages of the trial.
- Response to Opposition: If the opposing party files a response to the motion, the moving party may need to file a reply brief.
- Timing: The motion for directed verdict must be made before the jury begins deliberations.
Question 1:
What is the purpose of a motion for a directed verdict?
Answer:
A motion for a directed verdict is a request made by an attorney to the judge to instruct the jury to return a verdict in favor of their client without allowing the jury to deliberate.
Question 2:
What are the grounds for granting a motion for a directed verdict?
Answer:
A motion for a directed verdict can be granted if the moving party demonstrates that there is no genuine issue as to any material fact and that they are entitled to judgment as a matter of law.
Question 3:
When should a motion for a directed verdict be made?
Answer:
A motion for a directed verdict can be made at the close of the plaintiff’s case or at the close of all the evidence.
Well, there you have it, folks! The ins and outs of a motion for a directed verdict. I hope this little read has helped shed some light on this legal maneuver. If you found it enlightening, be sure to swing by again soon for more legal tidbits and insights. Until then, stay curious and keep learning!