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A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings.
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.
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 ...
There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Motions for new trial, motions to vacate, and motions to set-aside are the three most common post-judgment motions.
If a judge tries the case, the judge's decision is called a judgment. If a jury tries the case, the jury's decision is called a verdict. In determining a defendant's guilt or innocence, the judge or jury can consider only the testimony of witnesses and any evidence properly admitted during the trial.
Most often, a defendant will bring a motion for a judgment of acquittal after the prosecution has finished presenting its evidence or after both sides have finished presenting their evidence. If the defendant brings the motion after a conviction, it may be called a motion for a judgment notwithstanding the verdict.
If any party files a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay, the court may order such a party, or his attorney, or both, to pay to the opposing party or parties the reasonable expenses incurred by such other parties and by their attorneys, ...