Maryland Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial is a legal procedure that allows a party to request the court to set aside a jury's verdict and enter judgment in their favor or, if granted in the alternative, request a new trial. This motion challenges the sufficiency of the evidence presented during trial or alleges errors in the legal proceedings that may have affected the jury's decision. The primary purpose of a Motion for Judgment Notwithstanding the Verdict (NOV) is to challenge the jury's findings, claiming that no reasonable jury could have reached that particular decision based on the evidence presented. It argues that the evidence was insufficient, contradictory, or lacked credibility, thereby warranting a judgment in the party's favor. This motion can be filed by either the party who prevailed at trial or the party against whom the verdict was rendered. In contrast, a Motion for a New Trial seeks to set aside the jury's verdict and request an entirely new trial. This motion can be based on various grounds, such as procedural errors, misconduct by the jury or opposing counsel, newly discovered evidence, or any errors that may have compromised the fairness and integrity of the trial. Under Maryland law, there are different types of Motions for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial, depending on the context in which they are filed. Some common types include: 1. Civil Motion for NOV or a New Trial: This motion can be filed by either the plaintiff or the defendant after a civil trial. It challenges the jury's verdict and seeks either a judgment in favor of the moving party or a new trial. 2. Criminal Motion for NOV or a New Trial: In criminal cases, the defendant can file a motion for a NOV or a new trial if they believe that the jury's verdict was not supported by sufficient evidence, constitutional violations occurred, or other errors affected the fairness of the trial. 3. Post-Trial Motion for NOV or a New Trial: This type of motion can be filed by a party following the conclusion of a trial. It can be applicable to both civil and criminal cases and aims to challenge the jury's verdict and request judgment for the moving party or a new trial. In conclusion, a Maryland Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial is a crucial legal tool that allows parties to challenge a jury's verdict or seek a new trial based on various grounds. These motions, which can be filed in civil or criminal cases, aim to ensure that justice is served and that the outcome of the trial is fair and just.
Maryland Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
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How to fill out Maryland Motion For Judgment Notwithstanding The Verdict Or In The Alternative, For A New Trial?
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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.
Rule 2-532 - Motion for Judgment Notwithstanding the Verdict (a) When Permitted. In a jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion.
Maryland Rule 4-331, titled ?Motions for a New Trial; Revisory Power,? provides as follows: (a) Within Ten Days of Verdict. On motion of the defendant filed within ten days after a verdict, the court, in the interest of justice, may order a new trial.
Rule 2-533 - Motion for New Trial (a)Time for Filing. Any party may file a motion for new trial within ten days after entry of judgment.
Subject to the provisions of the order of reference, an auditor has the power to regulate all proceedings in the hearing, including the powers to: (1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things; (2) Administer oaths to witnesses; (3) ...
Rule 2-533 - Motion for New Trial (a)Time for Filing. Any party may file a motion for new trial within ten days after entry of judgment.
Rather than filing an answer, a defendant may file a preliminary motion (Md. Rule 2-322). The filing of a preliminary motion under Maryland Rule 2-322 automatically extends the time for filing an answer to either: ? 15 days after the court's entry of the decision on the motion.
Rule 2-512 - Jury Selection (a) Jury Size and Challenge to the Array. (1)Size. Before a trial begins, the judge shall decide (A) the required number of sworn jurors, including any alternates, and (B) the size of the array of qualified jurors needed. Cross reference: See Code, Courts Article, § 8-421(b).