California Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial

• Category: Civil Actions - Personal Injury - Sample Motions
• State: Multi-State
• Control #: US-PI-0182
• Format: Word; Rich Text

Description

This form is a sample motion filed by the plaintiff in a personal injury action requesting that the Court enter a judgment in favor of the plaintiff and disregard the jury verdict, or, in the alternative, to grant the plaintiff a new trial. A California Motion for Judgment Notwithstanding the Verdict, also known as a NOV, is a legal motion that can be filed by either the plaintiff or the defendant after the trial if they believe that the jury's verdict is not supported by the evidence presented at trial. This motion challenges the validity of the jury's decision and asks the court to overrule it. Under California law, a NOV motion can be filed in both civil and criminal cases. In a civil case, this motion asks the court to enter a different judgment than what the jury decided. It argues that there was insufficient evidence presented at trial for the jury to have reasonably reached its verdict. The moving party, whether it's the plaintiff or the defendant, must demonstrate that no reasonable jury could have come to the verdict that was rendered. In a criminal case, a California NOV motion is filed when the defendant has been found guilty by the jury, but the defense believes that there is insufficient evidence to support the conviction. This motion essentially asks the court to disregard the jury's verdict and enter a judgment of acquittal. If the NOV motion is denied, the moving party can also request an alternative motion for a new trial. A Motion for a New Trial is another legal remedy available in California. It requests the court to set aside the jury's verdict and order a new trial. This can be based on various grounds, such as errors in the jury instructions, improper admission or exclusion of evidence, or misconduct by the parties involved in the trial. When filing a Motion for a New Trial in California, the moving party must present new evidence or show that there were errors during the trial that unfairly influenced the outcome. It's important to note that a motion for a new trial in California can be filed alongside or separately from a NOV motion. In summary, a California Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial, is a legal motion that challenges the jury's verdict based on insufficient evidence. Additionally, a separate Motion for a New Trial can be filed to request a reevaluation of the case due to errors or misconduct during the trial.

A California Motion for Judgment Notwithstanding the Verdict, also known as a NOV, is a legal motion that can be filed by either the plaintiff or the defendant after the trial if they believe that the jury's verdict is not supported by the evidence presented at trial. This motion challenges the validity of the jury's decision and asks the court to overrule it. Under California law, a NOV motion can be filed in both civil and criminal cases. In a civil case, this motion asks the court to enter a different judgment than what the jury decided. It argues that there was insufficient evidence presented at trial for the jury to have reasonably reached its verdict. The moving party, whether it's the plaintiff or the defendant, must demonstrate that no reasonable jury could have come to the verdict that was rendered. In a criminal case, a California NOV motion is filed when the defendant has been found guilty by the jury, but the defense believes that there is insufficient evidence to support the conviction. This motion essentially asks the court to disregard the jury's verdict and enter a judgment of acquittal. If the NOV motion is denied, the moving party can also request an alternative motion for a new trial. A Motion for a New Trial is another legal remedy available in California. It requests the court to set aside the jury's verdict and order a new trial. This can be based on various grounds, such as errors in the jury instructions, improper admission or exclusion of evidence, or misconduct by the parties involved in the trial. When filing a Motion for a New Trial in California, the moving party must present new evidence or show that there were errors during the trial that unfairly influenced the outcome. It's important to note that a motion for a new trial in California can be filed alongside or separately from a NOV motion. In summary, a California Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial, is a legal motion that challenges the jury's verdict based on insufficient evidence. Additionally, a separate Motion for a New Trial can be filed to request a reevaluation of the case due to errors or misconduct during the trial.