Title: Understanding Arizona Motion for Judgment Notwithstanding the Verdict or, in the Alternative, for a New Trial — Prejudicial Statements at Trial Introduction: In Arizona, a Motion for Judgment Notwithstanding the Verdict (NOV) or, in the Alternative, for a New Trial can be filed when prejudicial statements have been made during trial proceedings. This legal motion aims to challenge the validity of the verdict or request a new trial due to the impact of these statements. In this article, we explore the concept of the motion and its variations within the Arizona judicial system. 1. Arizona Motion for Judgment Notwithstanding the Verdict (NOV): The Arizona Motion for NOV is a legal recourse available to a party who believes that the jury's verdict was contrary to the law or was not supported by the evidence presented at trial. This motion challenges the verdict by arguing that no reasonable jury could have reached the same conclusion based on the facts and law related to the case. 2. Arizona Motion for a New Trial: The Arizona Motion for a New Trial provides an alternative to the Motion for NOV. This motion seeks to invalidate the existing verdict and requests a new trial due to various reasons, including prejudicial statements made during the trial. These statements can significantly impact the fairness and impartiality of the jury's decision, leading to an unfair outcome. 3. Motion for a New Trial Based on Prejudicial Statements: Within the category of Motion for a New Trial, there can be various sub-types that address prejudicial statements uttered during trial proceedings. Some common examples include: a. Motion for a New Trial Due to Improper Statements by Witnesses: This motion can be filed when witnesses, intentionally or unintentionally, make statements that are irrelevant to the case, impugn the character of a party, or introduce prejudiced information that sways the jury's opinion. b. Motion for a New Trial Based on Improper Statements by Counsel: This motion focuses on the statements made by the attorneys during trial. If an attorney repeatedly makes objectionable remarks that can undermine the opposing party's case or influence the jury in an unfair manner, a motion for a new trial can be filed. c. Motion for a New Trial Due to Prejudicial Statements by the Court: When a judge makes statements that may create bias or prejudice against a party, a motion for a new trial can be filed. This motion highlights the importance of maintaining impartiality and fairness throughout the trial process. Conclusion: Arizona's Motion for Judgment Notwithstanding the Verdict or, in the Alternative, for a New Trial provides a legal avenue to challenge a verdict or request a new trial when prejudicial statements have been made during trial proceedings. These motions serve to uphold the integrity of the judicial process and ensure that justice is served based on fair and unbiased proceedings. By addressing different types of prejudicial statements, the Arizona legal system seeks to keep the trial process objective, impartial, and free from undue influence.
Arizona Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial
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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.
JMOL motions may also be made after the verdict is returned and are then called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding the verdict, or JNOV (from the English judgment and the Latin non obstante veredicto).
Notwithstanding legal use means creating exceptions to the rules of a contract. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet.
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.
A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
In spite of; without being opposed or prevented by: Notwithstanding a brilliant defense, he was found guilty. She went to the game anyway, doctor's orders notwithstanding.
After a nonjury trial, the court may, on motion for a new trial, vacate the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.
(§ 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.)