[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Title] [Name of the Court] [Court's Address] [City, State, ZIP Code] Subject: Mississippi Sample Letter for Order Granting Directed Verdict Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request an order granting a directed verdict in the case of [Plaintiff's Name] v. [Defendant's Name], which is currently being heard in your esteemed court. As per the records of the case, I am representing the defendant, [Defendant's Name], and after careful examination and consideration of the evidence presented during the trial, it is my belief that the plaintiff has failed to establish a prima facie case against my client. I assert that the plaintiff's evidence is insufficient to warrant the case proceeding further based on the legal standards established under Mississippi law. To support this claim, I would like to draw your attention to Rule [Mississippi Rule of Civil Procedure Number], which states that a directed verdict shall be granted when the evidence, viewed in the light most favorable to the non-moving party, shows no genuine issue as to any material fact, and the moving party is entitled to a judgment as a matter of law. Based on this rule and the following arguments, I respectfully request an order granting a directed verdict in favor of my client, [Defendant's Name]. 1. Lack of Sufficient Evidence: Through the course of the trial, it has become evident that the plaintiff has failed to present substantial and compelling evidence to support their claims. The evidence submitted by the plaintiff falls short of the burden of proof required by Mississippi law. 2. Failure to Establish Causation: The plaintiff has been unable to demonstrate a causal link between the alleged acts or omissions of my client and the alleged harm suffered. Without establishing proximate causation, the plaintiff's case lacks foundation and should not proceed further. I hereby attach a detailed memorandum of law, citing relevant Mississippi statutes and case precedents, which substantiates the arguments and establishes the legal basis for the requested directed verdict. In light of the above points, I humbly request the court's favorable consideration of this matter and an order granting a directed verdict in favor of my client, [Defendant's Name]. This order would terminate the case and prevent unnecessary further litigation and burdens on both parties involved. Thank you for your time and attention to this matter. Your prompt action in issuing the requested order will be highly appreciated. Yours sincerely, [Your Name]
Mississippi Sample Letter for Order Granting Directed Verdict
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FAQ
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. A JNOV is very similar to a directed verdict except for the timing within a trial.
In the federal court system, directed verdicts have largely been replaced by judgment as a matter of law. Federal Rule of Civil Procedure Rule 50 governs the standard for judgment as a matter of law in civil cases.
A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. The trial court may grant a directed verdict either sua sponte or upon a motion by either party.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.
Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...
A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. The trial court may grant a directed verdict either sua sponte or upon a motion by either party.
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.
Summary judgment is a pre-trial motion, JMOL is an in-trial or post trial motion. JMOL in some state courts is called a motion for a directed verdict.
