In Idaho, a Motion for Judgment Notwithstanding the Verdict (NOV) or in the Alternative, for a New Trial is a legal mechanism available to parties seeking to challenge a jury's decision or verdict in a civil case. This motion allows them to request the court to set aside the verdict and order a new trial, or alternatively, render a judgment in their favor regardless of the jury's decision. These motions are crucial tools for litigants dissatisfied with a jury verdict and are commonly used in the Idaho legal system. Idaho's Motion for NOV or in the Alternative, for a New Trial can be categorized into different types based on the specific grounds they are filed on. Some common types include: 1. Motion for Judgment Notwithstanding the Verdict (NOV): This type of motion argues that, based on the evidence presented at trial, there was insufficient evidence for the jury to reach the verdict it did. The party filing the motion contends that, as a matter of law, no reasonable jury could have found in favor of the opposing party. They seek the court to enter a judgment in their favor, bypassing the jury's decision. 2. Motion for New Trial: This type of motion requests the court to order a new trial based on several grounds, including errors in the admission or exclusion of evidence, erroneous jury instructions, misconduct by the jury or opposing party, newly discovered evidence, or any other significant irregularity that affected the fairness of the trial. The party filing the motion argues that these errors or irregularities warrant a fresh trial to ensure justice is served. 3. Motion for Remitting: This type of motion seeks a reduction in the amount of damages awarded by the jury, deeming them excessive. The party filing the motion argues that the amount awarded is unsupported by the evidence or goes beyond what is permissible under the law. They request the court to reduce the damages to a more reasonable and appropriate level. 4. Motion for Auditor: Conversely, this type of motion is filed by a party who believes that the damages awarded by the jury were inadequate and seeks to increase them. They argue that the awarded amount does not adequately compensate for the harm suffered and ask the court to increase the damages to a fair and just amount. These different types of motions provide litigants with strategic avenues to challenge a jury's decision or verdict in an Idaho civil case. Attorneys carefully evaluate the circumstances of each case to determine which type of motion is most appropriate and likely to succeed based on the grounds available to them. By doing so, they aim to rectify any perceived errors or injustices and seek a fair and just resolution for their clients.
Idaho Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
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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.
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.)
(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 ...
A judgment notwithstanding the verdict (JNOV) is a judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial. A JNOV is very similar to a directed verdict except for the timing within a trial.
(§ 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.)
This Rule 84 must be construed to provide a just, speedy and inexpensive determination of all petitions for review. If review is de novo or the court orders an evidentiary hearing, the Idaho Rules of Civil Procedure apply to the de novo or evidentiary hearing. (s) Listening to, Watching or Copying Recording Tapes.
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
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.