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.
Colorado Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
State:
Multi-State
Control #:
US-PI-0182
Format:
Word;
Rich Text
Instant download
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How to fill out Motion For Judgment Notwithstanding The Verdict Or In The Alternative, For A New Trial?
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FAQ
A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
On motion for post-trial relief in an action tried without a jury, the court may, if a ground exists, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a new judgment.
The definition of the word, ing to Google is, preposition. in spite of. "notwithstanding the evidence, the consensus is that the jury will not reach a verdict" synonyms: in spite of, despite, regardless of, for all.
A motion for judgment notwithstanding the verdict (JNOV) is a motion asking the court to enter a judgment disregarding the verdict rendered by the jury. The motion argues that no reasonable jury could reach the verdict that the jury reached in the particular case.
Once the jury returns their verdict, the trial judge has no power to 'overrule' their verdict. the jury's findings of fact are final.
A motion for judgment notwithstanding the verdict is the equivalent in civil cases to the motion in arrest of judgment. It may be made after the jury's decision is announced but before a judgment is entered. This motion asks the judge to enter a judgment for the losing party despite the decision of the jury.
(§ 659, subd. (a).) Motions for Judgment Notwithstanding the Verdict (JNOV) must be filed within fifteen days after the service of notice of entry of the judgment. (§§ 629, 659.)
This rule specifically provides that "a motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts".