In the Massachusetts legal system, a Motion for Judgment Notwithstanding the Verdict (NOV) or, in the alternative, for a New Trial, is a legal mechanism employed by litigants to challenge a jury's decision or seek a new trial based on various grounds. This motion requests the court to set aside the jury's verdict and reach a different outcome, or to order a new trial altogether. There are two types of motions typically available in Massachusetts: the Motion for Judgment Notwithstanding the Verdict and the Motion for a New Trial. Both motions serve different purposes and are governed by separate legal standards. 1. Motion for Judgment Notwithstanding the Verdict (NOV): The Motion for NOV is filed after a trial concludes and seeks to overturn the jury's verdict on the basis that no reasonable jury could have reached such a decision. This motion asserts that the evidence presented during the trial overwhelmingly supports one party's position, thereby rendering the jury's decision incorrect as a matter of law. In Massachusetts, this motion is governed by Rule 50(b) of the Massachusetts Rules of Civil Procedure. To succeed with a Motion for NOV, the moving party must demonstrate that, based on the evidence presented during the trial, no reasonable jury could have arrived at the verdict in question. The court examines the facts and makes a determination, independent of the jury, whether the legal elements required for a favorable judgment have been met. 2. Motion for a New Trial: The Motion for a New Trial, on the other hand, is filed when a party believes that errors or unfairness occurred during the trial, warranting a fresh trial. This motion is typically based on errors in jury instructions, newly discovered evidence, juror misconduct, or any other grounds that demonstrate a significant impact on the fairness of the trial. In Massachusetts, this motion is governed by Rule 59 of the Massachusetts Rules of Civil Procedure. To succeed with a Motion for a New Trial, the moving party must present compelling evidence or arguments that were not previously available or properly considered during the original trial. The court evaluates whether these newly discovered elements are of sufficient significance to justify a retrial and whether justice requires revisiting the case. In summary, in Massachusetts, litigants can make two distinct motions, namely, a Motion for NOV and a Motion for a New Trial, each serving different purposes. The former challenges the jury's verdict due to an alleged lack of legal basis, while the latter seeks a fresh trial based on errors or unfairness that occurred during the initial trial. These motions provide avenues for parties to seek a different outcome or a fairer hearing in their legal disputes.
Massachusetts Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
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A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the 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 judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offense charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge.
Rule 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.
If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a ?continuance,? with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
On a motion for a new trial, the court may 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 the entry of a new judgment.