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.
A Motion for Judgment Notwithstanding the Verdict (NOV) or in the Alternative, for a New Trial is a legal recourse available in San Bernardino, California, and many other jurisdictions. This motion is typically filed by a party who believes that the jury's decision in a civil or criminal trial is erroneous and requests the court to either overturn the jury's verdict (NOV) or grant a new trial. In San Bernardino, California, there are two primary types of motions for NOV or in the alternative, for a new trial, depending on the specific circumstances and legal grounds: 1. Motion for Judgment Notwithstanding the Verdict (NOV): This type of motion is filed when the party believes that, based on the evidence presented during trial, no reasonable jury could have reached the verdict that was rendered. In other words, the party argues that there is no genuine issue of material fact, and the court should reverse the jury's decision as a matter of law. 2. Motion for a New Trial: This type of motion is filed when the party believes that the jury's verdict is incorrect based on errors or misconduct that occurred during the trial. The motion may be based on several grounds, including newly discovered evidence, juror misconduct, irregularities in the trial proceedings, incorrect instructions to the jury, excessive or inadequate damages awarded by the jury, or other errors that may have affected the fairness of the trial. When filing a motion for NOV or a new trial in San Bernardino, California, it is crucial to address the necessary legal requirements and provide strong arguments supported by relevant case law and evidence. The motion should clearly outline the specific grounds for overturning the verdict or the need for a new trial. Additionally, it is crucial to adhere to the procedural rules and deadlines set by the court. San Bernardino, California, like other jurisdictions, allows parties to seek post-trial relief through motions for NOV or, alternatively, for a new trial. These motions provide an avenue for parties to challenge the jury's verdict and seek a just and fair resolution of their case in light of the alleged errors, misconduct, or factual/legal insufficiency during the trial.
A Motion for Judgment Notwithstanding the Verdict (NOV) or in the Alternative, for a New Trial is a legal recourse available in San Bernardino, California, and many other jurisdictions. This motion is typically filed by a party who believes that the jury's decision in a civil or criminal trial is erroneous and requests the court to either overturn the jury's verdict (NOV) or grant a new trial. In San Bernardino, California, there are two primary types of motions for NOV or in the alternative, for a new trial, depending on the specific circumstances and legal grounds: 1. Motion for Judgment Notwithstanding the Verdict (NOV): This type of motion is filed when the party believes that, based on the evidence presented during trial, no reasonable jury could have reached the verdict that was rendered. In other words, the party argues that there is no genuine issue of material fact, and the court should reverse the jury's decision as a matter of law. 2. Motion for a New Trial: This type of motion is filed when the party believes that the jury's verdict is incorrect based on errors or misconduct that occurred during the trial. The motion may be based on several grounds, including newly discovered evidence, juror misconduct, irregularities in the trial proceedings, incorrect instructions to the jury, excessive or inadequate damages awarded by the jury, or other errors that may have affected the fairness of the trial. When filing a motion for NOV or a new trial in San Bernardino, California, it is crucial to address the necessary legal requirements and provide strong arguments supported by relevant case law and evidence. The motion should clearly outline the specific grounds for overturning the verdict or the need for a new trial. Additionally, it is crucial to adhere to the procedural rules and deadlines set by the court. San Bernardino, California, like other jurisdictions, allows parties to seek post-trial relief through motions for NOV or, alternatively, for a new trial. These motions provide an avenue for parties to challenge the jury's verdict and seek a just and fair resolution of their case in light of the alleged errors, misconduct, or factual/legal insufficiency during the trial.