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

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Multi-State
Control #:
US-PI-0182
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Word; 
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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.
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  • Preview Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
  • Preview Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
  • Preview Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
  • Preview Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
  • Preview Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial

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FAQ

A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

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.

The judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offense charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge.

Rule 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.

If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a ?continuance,? with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.

Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.

On a motion for a new trial, the court may 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 the entry of a new judgment.

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