MOTION for JUDGMENT NOTWITHSTANDING the VERDICT Form

What is the motion for judgment notwithstanding the verdict?

The motion for judgment notwithstanding the verdict (often abbreviated as JNOV) is a legal request made after a jury has rendered a verdict. This motion asks the court to overturn the jury's decision on the grounds that there was insufficient evidence to support the verdict. Essentially, it argues that no reasonable jury could have reached the conclusion that was reached. This motion is typically filed by the losing party in a trial, seeking to have the court issue a judgment in their favor, despite the jury's ruling.

Key elements of the motion for judgment notwithstanding the verdict

Several key elements must be considered when preparing a motion for judgment notwithstanding the verdict. These include:

• Legal Standard: The motion must demonstrate that the jury's verdict was not supported by substantial evidence.
• Timing: The motion must be filed within a specific timeframe, usually shortly after the jury has delivered its verdict.
• Grounds for Motion: Clear and compelling reasons must be provided, detailing why the jury's decision should be set aside.
• Legal Precedents: Citing relevant case law that supports the argument can strengthen the motion.

Steps to complete the motion for judgment notwithstanding the verdict

Completing a motion for judgment notwithstanding the verdict involves several important steps:

1. Review the Trial Record: Analyze the evidence presented during the trial to identify weaknesses in the jury's decision.
2. Draft the Motion: Clearly articulate the reasons for the motion, including legal arguments and supporting evidence.
3. File the Motion: Submit the motion to the court within the required timeframe, ensuring all procedural rules are followed.
4. Prepare for Hearing: Be ready to present oral arguments in support of the motion if a hearing is scheduled.

Legal use of the motion for judgment notwithstanding the verdict

The legal use of a motion for judgment notwithstanding the verdict is primarily to challenge the outcome of a jury trial. It is a mechanism that allows a party to seek relief from a verdict that they believe is unjust or unsupported by the evidence. Courts typically grant such motions sparingly, as they respect the role of juries in determining facts. However, when there is a clear lack of evidence to support the verdict, this motion can be a crucial tool for achieving justice.

Filing deadlines / important dates

Filing deadlines for a motion for judgment notwithstanding the verdict can vary by jurisdiction, but generally, it must be filed within a specific period after the jury's verdict is announced. This period is often between ten to thirty days, depending on state rules. It is essential to check the local court rules to ensure compliance with the timing requirements, as missing the deadline can result in the motion being denied.

Examples of using the motion for judgment notwithstanding the verdict

Examples of situations where a motion for judgment notwithstanding the verdict may be appropriate include:

• A personal injury case where the jury awarded damages despite a lack of evidence showing negligence.
• A contract dispute where the jury's decision was based on assumptions rather than factual evidence.
• A criminal case where the evidence presented did not meet the burden of proof required for a conviction.