Mississippi Motion for Judgment notwithstanding the Verdict, or, in the Alternative, for New Trial, or, in the Alternative, for Remittitur
Definition and Meaning
The Mississippi Motion for Judgment notwithstanding the Verdict, or, in the alternative, for new trial, or, in the alternative, for remittitur is a legal request made by the Defendant following a verdict in a civil case. This motion seeks to challenge the outcome of a trial after a jury has rendered a verdict. It argues that even if the jury found in favor of the Plaintiff, the Defendant believes that based on the evidence, the verdict should be set aside and judgment entered in favor of the Defendant instead.
Who Should Use This Form
This motion is typically used by defendants in civil litigation who are dissatisfied with a jury's verdict. It is crucial for those who believe that the legal or factual basis for the verdict is flawed. Individuals or entities involved in lawsuits where substantial damages have been awarded against them may also find this form particularly relevant. This motion can be employed as a strategy to alleviate potential financial losses resulting from an unfavorable jury decision.
Legal Use and Context
This motion is used in various legal contexts within Mississippi courts, particularly in civil cases involving torts, contracts, or personal injury claims. The Mississippi Rules of Civil Procedure govern the use of this motion, outlining the criteria and process for filing. Understanding the grounds upon which this motion can be based is essential, as many aspects must be thoroughly reviewed to argue effectively for a new trial or judgment notwithstanding the verdict.
Key Components of the Form
The form includes several critical components that must be addressed:
- Identification of Parties: Names and contact information of the Defendant and Plaintiff.
- Reasons for the Motion: Specific grounds on which the motion is based, such as errors made during trial or insufficient evidence supporting the jury's verdict.
- Relief Sought: Clear statement of what the Defendant is requesting, whether it be a new trial, remittitur, or judgment notwithstanding the verdict.
- Certification of Service: A section confirming that the motion has been properly served to the opposing party.
Common Mistakes to Avoid When Using This Form
When filing a motion for judgment notwithstanding the verdict or related motions, it is important to avoid several common mistakes:
- Failing to clearly articulate the basis for the motion.
- Not adhering to deadlines for filing after the jury's verdict.
- Omitting necessary supporting documentation or evidence.
- Neglecting to serve the motion to the Plaintiff's counsel, which can hinder the motion's consideration.
What Documents You May Need Alongside This One
In conjunction with the Mississippi Motion for Judgment notwithstanding the Verdict, it may be necessary to prepare and submit additional documents, including:
- Evidence from Trial: Transcripts and exhibits that support your arguments.
- Affidavits: Witness statements providing additional context regarding the trial.
- Pleadings and Previous Motions: Relevant prior court filings that may play a role in the current request.
- Proposed Order: A draft order for the court to review your requested relief.
Form popularity
FAQ
1. 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.If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.
A motion for a judgment notwithstanding the verdict is often filed together with a motion for a new trial by the losing party in response to the jury's verdict. A judge's decision to grant or deny a motion for JNOV is often reviewable on appeal.
A motion asking the court to enter judgment as a matter of law. This motion is made before a case is submitted to the jury, and argues that no reasonable jury could find for the opposing party (i.e., whatever evidence exists for such ruling is legally insufficient).
21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.
However, a judge will grant a motion for directed verdict if it is clear that a reasonable jury could not find for the opposing party.When a judge grants a directed verdict, it is likely that the opposing party will appeal this decision.
Directed Verdict a) After Plaintiff201fs evidence or after the close of all the evidence, a party may move for a directed verdict in its favor. Standard: If the non-moving party201fs evidence is insufficient as a matter of law to go to a jury, the Court should grant a directed verdict for the moving party.
The judge made an error of law.The facts of the case and/or the evidence introduced in the trial court do not support the judge's decision.The judge abused his/her discretion
A directed verdict may be granted at any time, but usually occurs after at least one party has been fully heard. Motions for a directed verdict are governed by Rule 50 of the Federal Rules of Civil Procedure and Rule 29 of the Federal Rules of Criminal Procedure.