In Pennsylvania, a Motion for Judgment Notwithstanding the Verdict (NOV) or in the Alternative, for a New Trial is a legal tool utilized by parties in a civil trial to challenge the outcome of a case. This motion can be filed by either the plaintiff or the defendant, and its purpose is to request the court to review the jury's verdict and potentially reverse it or order a new trial. The NOV motion asserts that the jury's verdict was contrary to the evidence presented during the trial or that the evidence was insufficient to support the verdict. This motion argues that no reasonable juror could have reached the decision delivered, based on the evidence and applicable law. By filing a NOV motion, the party seeks to have the judge overturn the jury's verdict and reach a different conclusion. Alternatively, if the NOV motion is denied by the court, the party may also request a new trial through this same motion. This part of the motion contends that errors occurred during the trial, such as jury misconduct, improper admission of evidence, prejudicial remarks by the opposing counsel, or any other irregularities that may have influenced the jury's decision. By appealing for a new trial, the party aims to have a second opportunity to present their case before a new jury, hoping for a different outcome. It's essential to recognize that a Motion for NOV or in the Alternative, for a New Trial encompasses various types and situations. Each case is unique, and the specific grounds for filing the motion will depend on the circumstances and facts presented in the trial. However, some common types of NOV motions or reasons for requesting a new trial in Pennsylvania include: 1. Insufficient evidence: Claiming that the evidence presented during the trial was insufficient to establish liability or damages. 2. Jury misconduct: Contending that the jury engaged in misconduct by discussing the case outside the courtroom or improperly considering outside information. 3. Erroneous jury instruction: Alleging that the judge provided incorrect or misleading instructions to the jury, which influenced their decision. 4. Misconduct by the opposing counsel: Accusing the opposing counsel of making prejudicial statements or engaging in unethical conduct during the trial. 5. Newly discovered evidence: Presenting new evidence that was not available during the trial, which could potentially influence the verdict. 6. Error in admitting or excluding evidence: Arguing that the court made errors in allowing or excluding certain evidence, affecting the fairness of the trial. Overall, a Motion for NOV or in the Alternative, for a New Trial provides litigants in Pennsylvania with a mechanism to challenge a jury's verdict if they believe it to be unjust or unsupported by the evidence presented. It serves as a crucial post-trial remedy, ensuring that parties have an opportunity to seek a fair resolution to their disputes.
Pennsylvania Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
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How to fill out Pennsylvania Motion For Judgment Notwithstanding The Verdict Or In The Alternative, For A New Trial?
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Local Rule 1034 (a) --- Motion for Judgment on the Pleadings The Prothonotary shall schedule Oral Argument for the next available Argument Day and notify all parties. The moving party shall file a brief simultaneous to the Motion. The response brief must be filed twenty (20) days thereafter.
(a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may (1) order a new trial as to all or any of the issues; or (2) direct the entry of judgment in favor of any party; or (3) remove a nonsuit; or (4) affirm, modify or change the decision; or (5) enter any other appropriate ...
Section 1034 - Preference transfers (a) A preference is a transfer of any of the property of the person proceeded against to or for the benefit of a creditor, for or on account of an antecedent debt, made or suffered by the person proceeded against within one year before the filing of a petition for liquidation ...
Rule 1034 - Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings.
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.
Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
Rule 1035.2 sets forth the general principle that a motion for summary judgment is based on an evidentiary record which entitles the moving party to judgment as a matter of law. The evidentiary record may be one of two types.
A judgment notwithstanding the verdict (JNOV) is a judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial. A JNOV is very similar to a directed verdict except for the timing within a trial.