A Virgin Islands Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial, is a legal motion filed by a party in a court case in the United States Virgin Islands. This motion pertains to situations where prejudicial statements made during a trial have potentially influenced the outcome of a case. In such instances, the motion requests the court to take one of two actions. Firstly, it asks for a judgment notwithstanding the verdict, which essentially means that even though the jury or judge has made a decision, the court should set aside that decision and rule in favor of the party making the motion. This is done when there is clear evidence that the prejudicial statements significantly impacted the fairness of the trial and undermined the integrity of the verdict. Alternatively, the motion can request a new trial altogether. This asks the court to set aside the previous verdict and allow the case to be retried by a different jury or judge. This is sought when the prejudicial statements have created such a bias or unfairness that a fair determination of the case could not be rendered during the original trial. Prejudicial statements can encompass a wide range of statements or actions that may have influenced the jury or judge at trial. For example, statements made by a witness that were not based on factual evidence, but instead intended to sway the decision in a particular direction, can be considered prejudicial. Similarly, arguments made by opposing counsel that were outside the scope of admissible evidence could also fall under this category. Other types of prejudicial statements that may be addressed through a motion could include the introduction of false or misleading evidence, inappropriate references to a defendant's past criminal history, or attempts to undermine the credibility of a witness through personal attacks rather than substantive evidence. In conclusion, a Virgin Islands Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial, serves as a mechanism to address prejudicial statements made during a trial that have potentially affected the fairness of the proceedings. This motion provides a recourse for parties to seek a different outcome or a new trial, ensuring that justice is served and the integrity of the legal process is maintained.
Virgin Islands Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial
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How to fill out Virgin Islands Motion For Judgment Notwithstanding The Verdict, Or In The Alternative, For A New Trial - For Prejudicial Statements At Trial?
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FAQ
If a judge tries the case, the judge's decision is called a judgment. If a jury tries the case, the jury's decision is called a verdict. In determining a defendant's guilt or innocence, the judge or jury can consider only the testimony of witnesses and any evidence properly admitted during the trial.
For example, if a party enters no evidence on an essential element of their case but the jury, the finder of fact, still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.
A motion for judgment as a matter of law asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion. The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.
There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Motions for new trial, motions to vacate, and motions to set-aside are the three most common post-judgment motions.
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.
(§ 659, subd. (a).) Motions for Judgment Notwithstanding the Verdict (JNOV) must be filed within fifteen days after the service of notice of entry of the judgment. (§§ 629, 659.)
A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
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.