Oklahoma 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 Oklahoma, a Motion for Judgment Notwithstanding the Verdict (NOV) or in the Alternative, for a New Trial is a legal tool employed after a trial to challenge the jury's decision or the verdict rendered by the court. This motion presents an opportunity for the losing party to seek a reversal or modification of the court's final judgment. The primary intent of filing a Motion for NOV is to assert that the jury's verdict was contrary to the evidence presented during the trial, and therefore, a judgment in favor of the opposing party is warranted as a matter of law. This motion focuses on highlighting legal errors or insufficiency of evidence that caused an incorrect verdict. Alternatively, when a Motion for NOV is not the preferred course of action, parties may choose to request a new trial instead. A Motion for New Trial aims to challenge the fairness of the previous trial, typically citing reasons like juror misconduct, newly discovered evidence, errors in evidentiary rulings, or factors that may have biased the jury's decision-making. Oklahoma recognizes different types of Motions for NOV or in the Alternative, for a New Trial, including: 1. NOV for Insufficiency of Evidence: This type of motion argues that the evidence presented at trial was so lacking or insufficient that the jury's verdict contradicts the law or the facts of the case. It asserts that no reasonable jury could have arrived at the decision rendered. 2. NOV for Errors of Law: This motion contends that the court made erroneous legal rulings during the trial, resulting in an incorrect verdict. It emphasizes that these errors substantially affected the outcome of the case. 3. Alternative Motion for a New Trial: When parties believe that the trial process was tainted by irregularities or errors, they may request a new trial instead of a NOV. This motion seeks to undo the previous trial entirely, allowing the case to start anew with a different jury. 4. New Trial Based on Newly Discovered Evidence: If new and significant evidence surfaces after the trial, a party can request a new trial on the grounds of this newly discovered evidence. It must be evidence that was unknown or unavailable during the original trial and, if presented, could have had a substantial impact on the verdict. 5. New Trial for Juror Misconduct: If misconduct is suspected on behalf of the jurors during the trial, leading to prejudice in judgment, a party may file for a new trial. Juror misconduct can include external influences, unauthorized discussions, or bias, among other factors. These various types of Motions for NOV or in the Alternative, for a New Trial provide parties with avenues to challenge a jury's verdict or the court's judgment. By utilizing these motions, parties in Oklahoma can seek to rectify potential errors or unfairness, ensuring that justice is served in their case.

In Oklahoma, a Motion for Judgment Notwithstanding the Verdict (NOV) or in the Alternative, for a New Trial is a legal tool employed after a trial to challenge the jury's decision or the verdict rendered by the court. This motion presents an opportunity for the losing party to seek a reversal or modification of the court's final judgment. The primary intent of filing a Motion for NOV is to assert that the jury's verdict was contrary to the evidence presented during the trial, and therefore, a judgment in favor of the opposing party is warranted as a matter of law. This motion focuses on highlighting legal errors or insufficiency of evidence that caused an incorrect verdict. Alternatively, when a Motion for NOV is not the preferred course of action, parties may choose to request a new trial instead. A Motion for New Trial aims to challenge the fairness of the previous trial, typically citing reasons like juror misconduct, newly discovered evidence, errors in evidentiary rulings, or factors that may have biased the jury's decision-making. Oklahoma recognizes different types of Motions for NOV or in the Alternative, for a New Trial, including: 1. NOV for Insufficiency of Evidence: This type of motion argues that the evidence presented at trial was so lacking or insufficient that the jury's verdict contradicts the law or the facts of the case. It asserts that no reasonable jury could have arrived at the decision rendered. 2. NOV for Errors of Law: This motion contends that the court made erroneous legal rulings during the trial, resulting in an incorrect verdict. It emphasizes that these errors substantially affected the outcome of the case. 3. Alternative Motion for a New Trial: When parties believe that the trial process was tainted by irregularities or errors, they may request a new trial instead of a NOV. This motion seeks to undo the previous trial entirely, allowing the case to start anew with a different jury. 4. New Trial Based on Newly Discovered Evidence: If new and significant evidence surfaces after the trial, a party can request a new trial on the grounds of this newly discovered evidence. It must be evidence that was unknown or unavailable during the original trial and, if presented, could have had a substantial impact on the verdict. 5. New Trial for Juror Misconduct: If misconduct is suspected on behalf of the jurors during the trial, leading to prejudice in judgment, a party may file for a new trial. Juror misconduct can include external influences, unauthorized discussions, or bias, among other factors. These various types of Motions for NOV or in the Alternative, for a New Trial provide parties with avenues to challenge a jury's verdict or the court's judgment. By utilizing these motions, parties in Oklahoma can seek to rectify potential errors or unfairness, ensuring that justice is served in their case.