Mississippi Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial

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Multi-State
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US-MOT-01422
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Word; 
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This is a multi-state form covering the subject matter of the title.

A Motion for Judgment Notwithstanding the Verdict (NOV), or in the Alternative, for a New Trial, is a legal document filed by the party who believes that prejudicial statements made during a trial have influenced the jury's decision. In Mississippi, there are various types of motions available to challenge the impact of such statements on the trial's outcome. 1. Motion for NOV: A Motion for Judgment Notwithstanding the Verdict requests the court to set aside the jury's verdict and enter a judgment in favor of the party making the motion. This motion can be filed when the evidence presented at trial was insufficient to support the jury's decision, or when the verdict was contrary to law. 2. Motion for New Trial: In the alternative, if the court denies the Motion for NOV, a Motion for New Trial can be filed. This motion seeks a new trial due to prejudicial statements made during the proceedings. It argues that these statements significantly affected the outcome of the trial and compromised the fairness of the jury's decision. 3. Motion for New Trial Based on Prejudicial Statements: Another specific type of Motion for New Trial can be filed solely based on prejudicial statements made during the trial. This motion asserts that the improper statements, whether made by witnesses, counsel, or the judge, introduced biases or influenced the jury's decision-making process. It highlights the importance of a fair trial and requests the court to order a new trial to rectify the impact of the prejudicial statements. 4. Motion for New Trial Based on Improper Hearsay: Prejudicial statements may involve the introduction of hearsay evidence, which should not be admissible in court. In such cases, a Motion for New Trial can be filed, emphasizing that the jury's consideration of inadmissible statements affected the fairness of the trial. The motion argues that a new trial is necessary to rectify this error and ensure a just outcome. 5. Motion for New Trial Based on Inflammatory Statements: If prejudicial statements made during the trial were highly inflammatory, arousing emotions or bias among the jurors, a Motion for New Trial can focus on these specific statements. This motion highlights the potential impact of emotionally charged statements on the jurors' ability to reach an impartial verdict, and requests a fresh trial to remedy the situation. In summary, various types of motions can be utilized in Mississippi to address prejudicial statements made during a trial, including a Motion for NOV, a Motion for New Trial based on prejudicial statements or improper hearsay, and a Motion for New Trial based on inflammatory statements. These motions aim to correct any injustice resulting from such statements and ensure a fair trial for all parties involved.

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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, ...

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Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for. New Trial. Form 36. Application to Clerk for Entry of Default and Supporting ... Form 35 - Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for New Trial. Defendant [Plaintiff] moves the Court to set aside the ...... motion for a directed verdict is no longer a prerequisite to file a motion for a judgment notwithstanding the verdict. New Hampshire Ins. Co. v. Sid Smith ... (2) The party whose verdict has been set aside on motion for a judgment notwithstanding the verdict may serve file a motion for a new trial pursuant to Rule 59 ... (b) Renewing the Motion After Trial; Alternative Motion for a New Trial. If ... verdict be made as a predicate to a motion for judgment notwithstanding the ... Feb 25, 2003 — Introduction. Federal Rule of Civil Procedure 50, now entitled "Judgment as Matter of Law in Jury. Trials; Alternative Motion for New Trial; ... Apr 15, 2019 — (d)), the only way for a court to correct judicial error is on a motion for new trial or on a motion under Code of Civil Procedure section 663 ... Judgment on the Evidence (Directed Verdict) 57. Rule 51. Instructions to jury ... An attorney representing a party may file a motion to withdraw ... Apr 21, 2021 — Motions for Judgment and Judgment Notwithstanding the Verdict. At the ... different conclusion about whether a new trial was warranted or whether ... Sep 30, 2021 — E&R moved for judgment notwithstanding the verdict or, in the alternative, for a new trial. The circuit court denied E&R's motion on December 4, ...

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Mississippi Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial