Georgia Sample Letter for Order Granting Directed Verdict

State:
Multi-State
Control #:
US-0370LTR
Format:
Word; 
Rich Text
Instant download

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This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

The Rule Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. The trial court may grant a directed verdict either sua sponte or upon a motion by either party.

Summary judgment is a pre-trial motion, JMOL is an in-trial or post trial motion. JMOL in some state courts is called a motion for a directed verdict.

In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. The trial court may grant a directed verdict either sua sponte or upon a motion by either party.

If a judge tries the case, the judge's decision is called a judgment. If a jury tries the case, the jury's decision is called a verdict. In determining a defendant's guilt or innocence, the judge or jury can consider only the testimony of witnesses and any evidence properly admitted during the trial.

Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment, in addition to any matter determined in the trial, shall reflect the verdict ordered by the court as determined by the motion for directed verdict.

The order of the court granting a motion for a directed verdict is effective without any assent of the jury. If there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.

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Georgia Sample Letter for Order Granting Directed Verdict