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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.
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.
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.
This was previously known as a motion for a directed verdict. It allows the trial court to determine whether there is any question of fact to go to the jury and whether any finding other than the one requested would be erroneous as a matter of law.
Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment, in addition to any matter determined in the trial, shall reflect the verdict ordered by the court as determined by the motion for directed verdict.
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.
When a judge grants a directed verdict, it is likely that the opposing party will appeal this decision. Judges want to make sure that judicial resources are not wasted in reviewing directed verdicts that should not have been granted.