Colorado 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; 
Rich Text
Instant download

Description

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.
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  • Preview Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial
  • Preview Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial
  • Preview Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial
  • Preview Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial
  • Preview Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial

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FAQ

A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.

Such a motion under Rule 60(b) does not affect the finality of the judgment, but a motion under Rule 59, made within 10 days, does affect finality and the running of the time for appeal.

This rule specifically provides that "a motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts".

On motion for post-trial relief in an action tried without a jury, the court may, if a ground exists, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a new judgment.

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.

The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.

A Rule 120 hearing is the result of motion that is being filed by the lender asking the District Court of the county where your house is located for an order authorizing the foreclosure sale. A Rule 120 hearing determines if the lender has the right to foreclose on the property and have it sold at a public auction.

This rule specifically provides that "a motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts".

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and ...

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Colorado Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial