Iowa Motion NOV, or Judgment Notwithstanding the Verdict, is a legal term that refers to a post-trial motion in a civil case where the moving party requests the court to override the jury's verdict and enter judgment in their favor. This motion is governed by Rule 1.1009 of the Iowa Rules of Civil Procedure. In Iowa, a Motion NOV can be filed by either the plaintiff or the defendant within the prescribed timeframe after a jury trial concludes. The purpose of this motion is to challenge the sufficiency of the evidence presented in support of the jury's verdict, suggesting that no reasonable jury could have reached such a decision. The moving party argues that the evidence is legally insufficient to support the verdict and requests the court to either enter judgment in their favor or order a new trial. There are various types of Iowa Motion NOV that can be filed, depending on the specific circumstances of the case. Some common types include: 1. Insufficient Evidence: This type of Motion NOV asserts that there was not enough evidence presented during the trial to support the jury's verdict. The moving party argues that the evidence presented was weak, contradictory, or lacking in credibility, making the verdict erroneous. 2. Errors in Law: This type of Motion NOV claims that the court made errors in applying the law during the trial, which led to an incorrect verdict. The moving party argues that these legal errors affected their substantive rights and seek judgment in their favor based on the correct interpretation and application of the law. 3. Erroneous Jury Instructions: This type of Motion NOV points out that the jury instructions provided by the court were incorrect or misleading, thereby prejudicing the jury's understanding of the legal principles involved in the case. The moving party contends that the flawed instructions influenced the verdict and requests judgment in their favor. 4. Weight of the Evidence: This type of Motion NOV argues that the jury's verdict was against the weight of the evidence presented at trial. The moving party asserts that when the evidence is objectively reviewed, it overwhelmingly favors their position, and the jury's decision was a clear departure from the truth. It's important to note that the granting of a Motion NOV in Iowa is relatively rare since the courts generally defer to the jury's factual determinations. However, if successful, the court may enter a judgment in favor of the moving party or order a new trial to resolve any disputed issues. The Iowa Motion NOV serves as a means for parties to seek judicial intervention when they believe the jury's verdict was unjust or based on legal errors or insufficiencies.
Iowa Motion JNOV
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IT IS THEREFORE ORDERED AS FOLLOWS: Except in exigent or unusual circumstances, any continuance motion or request must be in writing, signed by the client, and filed not later than seven days before the court event for which rescheduling is requested.
431(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.
Rule 1.911 - Causes for continuance 1. 911(1) A continuance may be allowed for any cause not growing out of the fault or negligence of the movant, which satisfies the court that substantial justice will be more nearly obtained. It shall be allowed if all parties so agree and the court approves.
1. 303(3) A defendant, respondent, or other party served in a manner prescribed by an order of court shall serve, and within a reasonable time thereafter file, a motion or answer on or before the date fixed.
A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.
(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with ...
In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.
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.