New Jersey Sample Letter for Trial Setting for Non-Jury Trial
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How to fill out Sample Letter For Trial Setting For Non-Jury Trial?
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FAQ
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.
Pursuant to the New Jersey Court Rules, a motion for a directed verdict can be made only once the opposing party has presented his or her evidence for the case or once all of the evidence has been presented.
jury trial is a criminal trial in which the judge acts as the jury. In a typical jury trial, the judge is there to make ruling on legal issues such as the admissibility of certain evidence and whether certain motions should be granted or denied.
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.
Directed verdicts for the defendant in criminal cases are commonplace and cause no surprise. Perhaps less well known is the fact that some jur- isdictions allow directed verdicts for the prosecution in criminal cases. Jurisdictions following this minority rule allow it only under limited con- ditions.
Under Rule -2(b), a motion for a directed verdict should be granted only if "upon the facts and upon the law the plaintiff has shown no right to relief." Conversely, "such [a] motion shall be denied if the evidence, together with the legitimate inferences therefrom, could sustain a judgment in plaintiff's favor." ...