A motion for judgment notwithstanding the verdict (JNOV) is a request made by the losing party in a civil trial seeking to overturn the jury’s verdict and enter judgment in their favor. The court will consider the evidence presented at trial, including the jury instructions, and determine whether there is sufficient evidence to support the verdict. If the court finds that the evidence is insufficient, it may grant the motion and enter judgment for the moving party. This motion can be filed by the defendant or the plaintiff, and it is typically based on one of three grounds: (1) the jury’s verdict is not supported by the evidence; (2) the court erred in its instructions to the jury; or (3) the verdict is against the law.
Motion for Judgment Nov
A motion for judgment nov, also known as a judgment notwithstanding the verdict, is a request to the court to overturn a jury verdict and enter judgment for the moving party. This motion is typically filed after a jury has returned a verdict in a civil case, but before the court has entered judgment on the verdict.
Grounds for a Motion for Judgment Nov
There are several grounds upon which a motion for judgment nov may be filed, including:
- The verdict is against the weight of the evidence. This means that the jury’s verdict is not supported by the evidence presented at trial.
- The verdict is based on an error of law. This means that the jury was instructed incorrectly on the law by the court, or that the jury’s verdict was based on a misapplication of the law.
- The verdict is excessive or inadequate. This means that the jury’s verdict is so large or small that it is not reasonable in light of the evidence presented at trial.
Requirements for a Motion for Judgment Nov
In order to be successful, a motion for judgment nov must meet the following requirements:
- The motion must be filed within a specific time frame. The time frame for filing a motion for judgment nov varies from state to state, but it is typically within 10-30 days after the verdict is returned.
- The motion must be supported by a memorandum of law. The memorandum of law must set forth the legal arguments in support of the motion.
- The motion must be supported by evidence. The evidence supporting the motion may include the trial transcript, exhibits, and affidavits.
Procedure for a Motion for Judgment Nov
The procedure for a motion for judgment nov is typically as follows:
- The moving party files the motion with the court.
- The non-moving party files a response to the motion.
- The court holds a hearing on the motion.
- The court issues a ruling on the motion.
Table of Common Grounds for Motion for Judgment Nov
| Ground | Description |
|---|---|
| Weight of the evidence | Verdict is not supported by the evidence presented at trial |
| Error of law | Jury was instructed incorrectly on the law or verdict misapplies the law |
| Excessive or inadequate verdict | Verdict is unreasonably large or small |
| New evidence | New evidence has been discovered that would have changed the outcome of the trial |
| Jury misconduct | Jury engaged in improper conduct during the trial |
Question: What is a motion for judgment nov?
Answer: A motion for judgment nov is a request to the court to enter a judgment notwithstanding the verdict. It is filed after a jury has rendered a verdict in a case but before the judgment is entered. The motion asserts that the verdict is not supported by the evidence and that the movant is entitled to judgment as a matter of law.
Question: What is the standard for granting a motion for judgment nov?
Answer: The standard for granting a motion for judgment nov is whether the evidence, viewed in the light most favorable to the non-moving party, is sufficient to support a verdict in favor of the moving party. The court will consider all of the evidence presented at trial, including the testimony of witnesses and the exhibits admitted into evidence.
Question: What are the grounds for a motion for judgment nov?
Answer: The grounds for a motion for judgment nov are limited. Typically, a motion for judgment nov will be granted only if:
- The movant has established that the verdict is against the weight of the evidence
- The movant has established that the verdict is based on an error of law
- The movant has established that the verdict is excessive or inadequate
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