South Dakota 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. South Dakota Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial is a legal procedural step that can be taken after a verdict is reached in a civil or criminal trial in South Dakota. This motion is typically filed by the losing party, known as the moving party, and requests the court to overturn the jury's verdict or order a new trial based on specific grounds. In South Dakota, there are two types of post-trial motions that a party can file: a Motion for Judgment Notwithstanding the Verdict (NOV) and a Motion for a New Trial. 1. Motion for Judgment Notwithstanding the Verdict (NOV): The NOV motion argues that the jury's verdict was unreasonable or not supported by the evidence presented during the trial. The moving party claims that no reasonable jury should have reached such a conclusion, and therefore, requests the court to enter a judgment in their favor, disregarding the jury's verdict. To succeed with a NOV motion, the moving party must demonstrate that there is no legally sufficient evidentiary basis for the other party's verdict. 2. Motion for a New Trial: The alternative motion for a new trial seeks to set aside the jury's verdict and order a new trial. This motion contends that an error occurred during the trial that significantly affected the outcome, such as improper jury instructions, the admission of inadmissible evidence, or jury misconduct. The moving party argues that justice requires a retrial to ensure a fair and impartial resolution of the case. Successful new trial motions can lead to a complete rehearing of the case. Both types of motions, whether for NOV or a new trial, provide a recourse for dissatisfied parties to challenge the jury's verdict or the fairness of the trial process. These motions are essential tools in the South Dakota legal system to ensure that justice is upheld.

South Dakota Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial is a legal procedural step that can be taken after a verdict is reached in a civil or criminal trial in South Dakota. This motion is typically filed by the losing party, known as the moving party, and requests the court to overturn the jury's verdict or order a new trial based on specific grounds. In South Dakota, there are two types of post-trial motions that a party can file: a Motion for Judgment Notwithstanding the Verdict (NOV) and a Motion for a New Trial. 1. Motion for Judgment Notwithstanding the Verdict (NOV): The NOV motion argues that the jury's verdict was unreasonable or not supported by the evidence presented during the trial. The moving party claims that no reasonable jury should have reached such a conclusion, and therefore, requests the court to enter a judgment in their favor, disregarding the jury's verdict. To succeed with a NOV motion, the moving party must demonstrate that there is no legally sufficient evidentiary basis for the other party's verdict. 2. Motion for a New Trial: The alternative motion for a new trial seeks to set aside the jury's verdict and order a new trial. This motion contends that an error occurred during the trial that significantly affected the outcome, such as improper jury instructions, the admission of inadmissible evidence, or jury misconduct. The moving party argues that justice requires a retrial to ensure a fair and impartial resolution of the case. Successful new trial motions can lead to a complete rehearing of the case. Both types of motions, whether for NOV or a new trial, provide a recourse for dissatisfied parties to challenge the jury's verdict or the fairness of the trial process. These motions are essential tools in the South Dakota legal system to ensure that justice is upheld.