This form is a sample order overruling plaintiff's motion for a judgment notwithstanding the verdict, or, in the alternative, for a new trial.
Kansas Order Overruling Motion for JNOV
State:
Multi-State
Control #:
US-PI-0184
Format:
Word;
Rich Text
Instant download
Description
How to fill out Order Overruling Motion For JNOV?
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FAQ
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.
A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
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.
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 for judgment as a matter of law asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion. The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.
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 motion for summary judgment must be accompanied by a filing fee and a memorandum or brief that: (1) states concisely, in separately numbered paragraphs, the uncontroverted contentions of fact on which the movant relies; (2) for each fact, contains precise references to pages, lines and/or paragraphs - or to a time ...
The main difference concerns timing. If the judge grants a directed verdict, the jury must return a verdict for the moving party. However, a JNOV occurs after the jury has already returned a verdict.
