Broward Florida Motion JNOV

Name: Broward Florida Motion JNOV
Brand: US Legal Forms
Rating: 4.64 (203 reviews)

Category:

Landlord Tenant - Leases - Breach of Lease

State:

Multi-State

County:

Broward

Control #:

US-60925

Format:

Instant download

Description

Plaintiff files a motion to enter judgment not withstanding the verdict of the jury. Plaintiff contends that the jury verdict is against the overwhelming weight of the evidence.

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FAQ

JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim. Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial.

A judgment notwithstanding the verdict is a judgment that can be rendered at the conclusion of a jury trial, after a jury has returned a verdict. Judgement notwithstanding the verdict is sometimes referred to as a JNOV or a judgment non obstante veredicto.

A motion for directed verdict is a motion asking the court to issue a directed verdict. This motion is made before a case is submitted to the jury, and argues that no reasonable jury could find for the opposing party. Either the plaintiff or the defendant may make this motion.

In American courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict.

A motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is also known as a directed verdict, which it has replaced in American federal courts.

This is best explained by the Florida Supreme Court: A party moving for a directed verdict admits the truth of all facts in evidence and every reasonable conclusion or inference which can be drawn from such evidence favorable to the non-moving party.

A motion for JNOV is made at the close of all the evidence, after the jury returns a verdict, within a period of time specified by statute. An order granting a motion for a JNOV is often considered a delayed-action directed verdict because it presents the same issues.

A motion for a judgment notwithstanding the verdict is often filed together with a motion for a new trial by the losing party in response to the jury's verdict. A judge's decision to grant or deny a motion for JNOV is often reviewable on appeal.

Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

Rule 1.480 - MOTION FOR A DIRECTED VERDICT (a) Effect. A party who moves for a directed verdict at the close of the evidence offered by the adverse party may offer evidence in the event the motion is denied without having reserved the right to do so and to the same extent as if the motion had not been made.

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Few anticipated pretrial motions; iv. Limited need for discovery; v.This was previously known as judgment notwithstanding the verdict.

Broward Florida Motion JNOV

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