Massachusetts 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. In the Massachusetts legal system, a Motion for Judgment Notwithstanding the Verdict (NOV) or, in the alternative, for a New Trial, is a legal mechanism employed by litigants to challenge a jury's decision or seek a new trial based on various grounds. This motion requests the court to set aside the jury's verdict and reach a different outcome, or to order a new trial altogether. There are two types of motions typically available in Massachusetts: the Motion for Judgment Notwithstanding the Verdict and the Motion for a New Trial. Both motions serve different purposes and are governed by separate legal standards. 1. Motion for Judgment Notwithstanding the Verdict (NOV): The Motion for NOV is filed after a trial concludes and seeks to overturn the jury's verdict on the basis that no reasonable jury could have reached such a decision. This motion asserts that the evidence presented during the trial overwhelmingly supports one party's position, thereby rendering the jury's decision incorrect as a matter of law. In Massachusetts, this motion is governed by Rule 50(b) of the Massachusetts Rules of Civil Procedure. To succeed with a Motion for NOV, the moving party must demonstrate that, based on the evidence presented during the trial, no reasonable jury could have arrived at the verdict in question. The court examines the facts and makes a determination, independent of the jury, whether the legal elements required for a favorable judgment have been met. 2. Motion for a New Trial: The Motion for a New Trial, on the other hand, is filed when a party believes that errors or unfairness occurred during the trial, warranting a fresh trial. This motion is typically based on errors in jury instructions, newly discovered evidence, juror misconduct, or any other grounds that demonstrate a significant impact on the fairness of the trial. In Massachusetts, this motion is governed by Rule 59 of the Massachusetts Rules of Civil Procedure. To succeed with a Motion for a New Trial, the moving party must present compelling evidence or arguments that were not previously available or properly considered during the original trial. The court evaluates whether these newly discovered elements are of sufficient significance to justify a retrial and whether justice requires revisiting the case. In summary, in Massachusetts, litigants can make two distinct motions, namely, a Motion for NOV and a Motion for a New Trial, each serving different purposes. The former challenges the jury's verdict due to an alleged lack of legal basis, while the latter seeks a fresh trial based on errors or unfairness that occurred during the initial trial. These motions provide avenues for parties to seek a different outcome or a fairer hearing in their legal disputes.

In the Massachusetts legal system, a Motion for Judgment Notwithstanding the Verdict (NOV) or, in the alternative, for a New Trial, is a legal mechanism employed by litigants to challenge a jury's decision or seek a new trial based on various grounds. This motion requests the court to set aside the jury's verdict and reach a different outcome, or to order a new trial altogether. There are two types of motions typically available in Massachusetts: the Motion for Judgment Notwithstanding the Verdict and the Motion for a New Trial. Both motions serve different purposes and are governed by separate legal standards. 1. Motion for Judgment Notwithstanding the Verdict (NOV): The Motion for NOV is filed after a trial concludes and seeks to overturn the jury's verdict on the basis that no reasonable jury could have reached such a decision. This motion asserts that the evidence presented during the trial overwhelmingly supports one party's position, thereby rendering the jury's decision incorrect as a matter of law. In Massachusetts, this motion is governed by Rule 50(b) of the Massachusetts Rules of Civil Procedure. To succeed with a Motion for NOV, the moving party must demonstrate that, based on the evidence presented during the trial, no reasonable jury could have arrived at the verdict in question. The court examines the facts and makes a determination, independent of the jury, whether the legal elements required for a favorable judgment have been met. 2. Motion for a New Trial: The Motion for a New Trial, on the other hand, is filed when a party believes that errors or unfairness occurred during the trial, warranting a fresh trial. This motion is typically based on errors in jury instructions, newly discovered evidence, juror misconduct, or any other grounds that demonstrate a significant impact on the fairness of the trial. In Massachusetts, this motion is governed by Rule 59 of the Massachusetts Rules of Civil Procedure. To succeed with a Motion for a New Trial, the moving party must present compelling evidence or arguments that were not previously available or properly considered during the original trial. The court evaluates whether these newly discovered elements are of sufficient significance to justify a retrial and whether justice requires revisiting the case. In summary, in Massachusetts, litigants can make two distinct motions, namely, a Motion for NOV and a Motion for a New Trial, each serving different purposes. The former challenges the jury's verdict due to an alleged lack of legal basis, while the latter seeks a fresh trial based on errors or unfairness that occurred during the initial trial. These motions provide avenues for parties to seek a different outcome or a fairer hearing in their legal disputes.