The JMOL motion is a request made to the court to enter a judgement despite the jury’s verdict. It asserts that the jury either failed to adhere to the correct instructions or that there was insufficient evidence to support their decision. Essentially, it contends that the jury made an error and urges the judge to rectify it.
A request made to the court for a judgement to be entered despite a jury’s verdict is known as a motion. This motion is filed when the verdict is believed to be based on insufficient evidence or improper instructions, and when no reasonable jury could have reached the verdict that was made. For instance, if a plaintiff sues a defendant for breach of contract and the jury finds in favor of the defendant, the plaintiff may file a motion for judgement notwithstanding the verdict if they believe that the jury did not follow proper instructions or that there was not enough evidence to support the verdict. This motion is similar to a JMOL (judgement as a matter of law) motion in federal court, which also seeks a judgement to be entered despite a jury verdict.
A Motion for Judgment Notwithstanding the Verdict is a legal motion filed by a party after a jury trial, requesting the court to overturn the jury’s verdict because there was insufficient evidence to support it.
You can file a Motion for JNOV after a jury trial, but before the court enters a final judgment based on the jury’s verdict.
To grant a Motion for JNOV, the court must find that no reasonable jury could have reached the verdict based on the evidence presented at trial.
If the court grants your Motion for JNOV, it will set aside the jury’s verdict and enter a new judgment in your favor.
Yes, both the party who requested a jury trial and the opposing party can file a Motion for JNOV.
Yes, if the court denies your Motion for JNOV, you can appeal that decision to a higher court.
The deadline for filing a Motion for JNOV varies depending on the jurisdiction and the specific rules of the court. It is important to consult with an attorney to determine the applicable deadline in your case.
No, a Motion for JNOV can be filed in both civil and criminal cases, although the specific requirements and procedures may differ.
A Motion for JNOV asks the court to overturn the jury’s verdict based on the lack of evidence, while a Motion for a New Trial seeks a new trial based on errors or misconduct that occurred during the original trial.
No, a Motion for JNOV can only be filed by the party against whom the jury’s verdict was rendered. If the verdict was in your favor, you would not have grounds to file this motion.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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