Kentucky Order Overruling Motion for JNOV

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Multi-State
Control #:
US-PI-0184
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Word; 
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Description

This form is a sample order overruling plaintiff's motion for a judgment notwithstanding the verdict, or, in the alternative, for a new trial.

How to fill out Order Overruling Motion For JNOV?

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FAQ

(§ 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.)

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.

A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.

The Rule Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

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.

For example, orders granting new trial motions and denying JNOV motions are appealable. Sections 629(d), 904.1(a)(4). Orders denying new trial motions and granting JNOV motions generally are not, but they are still reviewable on appeal from the judgment.

In U.S. federal criminal cases, the term is "judgment of acquittal". A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict as a matter of law.

An application of the law to the facts proved or admitted. the trial court or the appellate court to correct such an erroneous ruling by sustaining the motion after the verdict is rendered. The adoption of such a rule would provide for a motion for judgment notwithstanding the verdict.

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Kentucky Order Overruling Motion for JNOV