This form is the response by the defendant to the motion for a judgement notwithstanding the verdict, or, in the alternative, for a new trial filed by the plaintiff.
Arkansas Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial
State:
Multi-State
Control #:
US-PI-0183
Format:
Word;
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How to fill out Response To Motion For Judgment Notwithstanding The Verdict, Or In The Alternative, For A New Trial?
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FAQ
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.
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
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.
Within fourteen (14) days from the date of service of copies of a motion and supporting papers, any party opposing a motion shall serve and file with the Clerk a concise statement in opposition to the motion with supporting authorities.
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.
Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law that is sometimes rendered at the conclusion of a jury trial.
Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.
The granted motion for judgment notwithstanding the verdict ?is essentially an order granting a motion for a directed verdict during trial except that the judgment is made after the jury has returned the verdict.?Yacker v. Teitch, 330 So. 2d 828, 829?30 (Fla. 3d DCA 1976) (internal citations omitted).
Following are the various grounds on which a party may rely in seeking a new trial: 1) The case where the Verdict is Against the Weight of the Evidence: ... 2) The case where the Verdict is Inadequate or Excessive: ... 3) The case where a Party Newly Discovers Evidence:
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.