Arkansas Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial — Prejudicial Statements at Trial In Arkansas, a Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial can be filed in cases where prejudicial statements were made at trial. This legal motion is designed to address instances where statements during the trial may have influenced the jury's decision, leading to an unfair or erroneous verdict. Types of Arkansas Motions for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial — Prejudicial Statements at Trial: 1. Motion for Judgment Notwithstanding the Verdict (NOV): This motion argues that despite the jury's verdict, the judge should rule in favor of the party making the motion because the evidence presented at trial was insufficient to support the verdict. Prejudicial statements are often used as one of the grounds for this type of motion. 2. Motion for a New Trial: This motion requests the court to set aside the verdict and order a new trial due to various reasons, including prejudicial statements. Prejudicial statements can be a basis for requesting a new trial as they can have a substantial impact on the fairness and outcome of the proceedings. 3. Motion for a Directed Verdict: Although not specifically related to prejudicial statements, a Motion for a Directed Verdict can be used as an initial strategy to prevent the introduction of potentially prejudicial statements during the trial. This motion seeks a judgment in favor of the moving party because, even assuming all the evidence presented is true, the opposing party has failed to establish a legally sufficient case. When it comes to prejudicial statements at trial, it is crucial to establish certain elements to support the motion(s) for judgment notwithstanding the verdict or a new trial. These elements may include: a. The statement(s) in question: The motion should identify the specific statements that were made during the trial and argue how they were prejudicial. Prejudicial statements could include irrelevant evidence, hearsay, inflammatory language, or any legally impermissible form of communication that could sway the jury's decision. b. Impact on the trial outcome: The moving must establish that these prejudicial statements significantly influenced the jury's verdict, leading to an unfair outcome. It is essential to demonstrate a causal link between the statements and the jury's decision. c. Violation of legal standards: The motion should cite relevant legal standards, such as rules of evidence or constitutional rights, which were violated by the prejudicial statements. These violations should be presented as strong grounds for the court to take action and correct the unfairness caused by the statements. When filing a Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial based on prejudicial statements at trial, it is crucial to provide persuasive arguments, supporting case law, and clearly articulate how the statements undermined the fairness of the trial process. By doing so, the party can seek relief from an improper verdict and ensure the integrity of the judicial system.
Arkansas Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial
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Rule 33.3 - Posttrial Motions (a) A person convicted of either a felony or misdemeanor may file a motion for new trial or any other application for relief. Such pleadings shall include a statement that the movant believes the action to be meritorious and is not offered for the purpose of delay.
The court may, upon motion, set aside a default judgment previously entered for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or (4 ...
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.
Any party opposing a motion shall serve a response within 10 days after service of the motion. The movant shall then have 5 days after service of the response within which to serve a reply.
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.
It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...
(g)Motions for reconsideration. Any motion to reconsider the appellate court's order deciding any motion or petition must be filed no later than eighteen calendar days after the date of the order.
(§ 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.)