[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, Zip] Re: Order Granting Directed Verdict — [Case Name] Dear Judge [Judge's Last Name], I am writing this letter to request your consideration for an Order Granting Directed Verdict in the case of [Case Name]. I represent the [Plaintiff/Defendant] in this matter and believe that, based on the evidence presented during trial, there is no genuine issue of material fact requiring the case to proceed to the jury. In accordance with the Minnesota Rules of Civil Procedure, specifically Rule 50.01, this letter serves as a formal request for an Order Granting Directed Verdict. I kindly ask the court to review the following key points establishing the absence of any genuine issue of material fact and supporting the entry of a directed verdict: 1. Facts of the Case: Clearly and concisely summarize the essential facts of the case, emphasizing those that are agreed upon by both parties or those that are incontestable based on the evidence presented. 2. Legal Framework: Provide a detailed analysis of the relevant legal framework applicable to the case, referencing relevant statutes, case law, and any precedent-setting rulings that support the entry of a directed verdict. 3. Supporting Evidence: Highlight the evidence presented during the trial that overwhelmingly favors the position of the party seeking the directed verdict. This may include witness testimony, expert opinions, documentary evidence, or any other exhibits presented that conclusively prove the absence of any genuine issue of material fact. 4. Opposing Party's Lack of Sufficient Evidence: Emphasize the lack of sufficient evidence presented by the opposing party to establish a genuine issue of material fact. Discuss any weaknesses or inconsistencies in their case and explain why it fails to meet the required legal standard for proceeding to the jury. 5. Prejudice: Argue that allowing the case to proceed to the jury would lead to unnecessary waste of judicial resources, unnecessary costs for both parties, and a potential miscarriage of justice. I kindly request the court to carefully review the evidence presented, the legal arguments presented, and the relevant Minnesota statutes and case law supporting the entry of a directed verdict. Based on the considerations outlined above, I believe that an Order Granting Directed Verdict would be appropriate in this case. Should the court find merit in this request, I kindly request that the order be promptly issued to avoid any further undue delay in the proceedings and to ensure the efficient administration of justice. Thank you for your attention to this matter. I remain at your disposal for any further information or clarification you may require. Sincerely, [Your Name] [Your Designation/Position] [Law Firm/Organization Name, if applicable]
Minnesota Sample Letter for Order Granting Directed Verdict
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Section 630 - Motion for directed verdict (a) Unless the court specified an earlier time for making a motion for directed verdict, after all parties have completed the presentation of all of their evidence in a trial by jury, any party may, without waiving his or her right to trial by jury in the event the motion is ...
A motion for directed verdict may be granted only when the court believes that, considering all of the evidence, reasonable minds could reach only one conclusion. In considering a motion for directed verdict, the court must view the evidence in the light most favorable to the non-moving party.
Rule 35. The order may be made only on motion for good cause shown and upon notice to the party or person to be examined and to all other parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is made.
The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record or in a written decision the reasons for granting or denying the motion.
Rule 115.10Settlement Efforts Whenever any pending motion is settled, the moving party shall promptly advise the court.
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.
JMOL is also known as a directed verdict, which it has replaced in American federal courts. JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim.
Generally, an order denying a motion for a directed verdict is not directly appealable provided there is no statute saying otherwise. It is reviewable only on appeal from the final judgment.
