Georgia Motion NOV, which stands for Judgment Notwithstanding the Verdict, is a legal motion that can be filed in the state of Georgia. It is typically used by the party who wishes to challenge a jury's verdict and seeks to have the judgment entered in their favor, regardless of the jury's decision. This motion is rooted in the belief that the jury reached an incorrect or unjust verdict. When filing a Georgia Motion NOV, the party requesting it asserts that no reasonable jury could have reached the verdict that was delivered. This assertion is supported by arguments and evidence presented in court. It is important to note that the Motion NOV is only applicable when there is not enough evidence to support the jury's verdict, or if the verdict is contrary to the law. In Georgia, there are two types of Motion NOV that can be filed: 1. General Motion NOV: This motion is typically used when the party believes that there was insufficient evidence presented during the trial to support the verdict. It argues that no reasonable juror, acting under the proper legal standards, could have reached the same result. The party filing this motion must demonstrate that their argument is based on the legal context of the case and not just disagreement with the jury's decision. 2. Specific Motion NOV: This motion is filed when the party believes that the jury's verdict is inconsistent with the law regardless of the evidence presented. It argues that the jury committed a legal error or misapplied the law to the facts of the case. To succeed in this motion, the party must demonstrate that the jury's decision is incompatible with the applicable legal standards. Both types of Georgia Motion NOV must be supported by solid legal arguments and evidence. The burden of proof lies with the party filing the motion, and they must convince the court that the jury's verdict should be set aside. In conclusion, Georgia Motion NOV is a legal tool used to challenge a jury's verdict in Georgia courts. It can be filed as a General Motion NOV when there is insufficient evidence, or a Specific Motion NOV when the verdict is inconsistent with the law. Successful motions result in judgments entered in favor of the party requesting the motion, overriding the jury's decision.
Georgia Motion JNOV
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"A trial court may grant a directed verdict or judgment notwithstanding the verdict only if there is no conflict in the evidence, and the evidence presented, with all reasonable inferences therefrom, demands a particular verdict." SEC, Inc. v. Puckett, 252 Ga. App.
(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with ...
For example, if a party enters no evidence on an essential element of their case but the jury, the finder of fact, still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.
If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling him to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict.
If a judge tries the case, the judge's decision is called a judgment. If a jury tries the case, the jury's decision is called a verdict. In determining a defendant's guilt or innocence, the judge or jury can consider only the testimony of witnesses and any evidence properly admitted during the trial.
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.
Any response to a motion for summary judgment must include a separate, short and concise statement of each material fact as to which the non-movant contends there is a genuine issue to be tried. Ga. Unif.
Most often, a defendant will bring a motion for a judgment of acquittal after the prosecution has finished presenting its evidence or after both sides have finished presenting their evidence. If the defendant brings the motion after a conviction, it may be called a motion for a judgment notwithstanding the verdict.