A Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial can be filed in Houston, Texas, when prejudicial statements have been made during a trial. This motion aims to challenge the validity of the verdict or request a new trial due to the improper influence of these prejudicial statements on the jury's decision. In Houston, Texas, there are different types of motions that can be filed in relation to prejudicial statements at trial. Some of these motions include: 1. Motion for Judgment Notwithstanding the Verdict (NOV): This motion can be filed after a jury verdict that is based on insufficient evidence or is contrary to the law. The moving argues that no reasonable jury could have reached the same conclusion as the one in the verdict. By filing this motion, the party seeks to have the judge disregard the jury's decision and enter a judgment in their favor instead. 2. Motion for New Trial: This motion can be filed when prejudicial statements have been made during the trial, affecting the fairness of the proceedings. The moving requests a new trial to rectify the harm caused by these statements. In the case of prejudicial statements, the party may argue that the statements had such a significant impact on the jury's decision-making process that a fair and impartial trial could not have occurred. 3. Alternative Motion: In addition to the specific motions mentioned above, a moving may also choose to file an alternative motion. This comprises both a motion for judgment notwithstanding the verdict and a motion for a new trial. By doing so, the moving covers all possible legal avenues to support their argument that the jury's decision was influenced by prejudicial statements, and a new trial or alternative judgment is necessary. When filing any of these motions related to prejudicial statements at trial in Houston, Texas, it is crucial to substantiate the claim with strong and compelling evidence. Attorney expertise is essential in crafting a detailed motion that highlights the prejudicial nature of the statements and demonstrates the impact they had on the trial proceedings and the final verdict. It is also important to make sure these motions comply with the rules and procedures set forth by Houston, Texas courts to give them the best chance of success.
Houston Texas Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial
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FAQ
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.
If the judge feels that the jury's decision is not backed by adequate evidence, they can overturn the Jury verdict. This is where JNOV (Judgment notwithstanding the Verdict) comes into the picture. In U.S. federal civil court cases, this reversal is referred to as 'renewed judgment as a matter of law'.
A motion for judgment notwithstanding the verdict is the equivalent in civil cases to the motion in arrest of judgment. It may be made after the jury's decision is announced but before a judgment is entered. This motion asks the judge to enter a judgment for the losing party despite the decision of the jury.
The new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial, and which if introduced and admitted would probably change the judgement.
A point in a motion for new trial is a prerequisite to the following complaints on appeal: (1) A complaint on which evidence must be heard such as one of jury misconduct or newly discovered evidence or failure to set aside a judgment by default; (2) A complaint of factual insufficiency of the evidence to support a jury
This motion argues that no reasonable jury could reach the verdict that the jury in this case just did. In other words, it claims that the jury did not follow proper instructions and ruled for the opposing party based on legally insufficient evidence.
From the foregoing, it can be seen that the rules allow the filing of a motion for new trial on the grounds of fraud, accident, mistake or excusable negligence; or of newly discovered evidence, in the manner provided for proof of motions.
In Texas, a motion for new trial is generally due thirty days after the trial court judge signed the final judgment. See Texas Rule of Civil Procedure 329b(a).
In Texas, a motion for a new trial is a request by a convicted defendant that the court rehears the case. There are only a few grounds for a new trial. If the judge grants the motion, a new jury will be impaneled. Another trial date will be set.