In New Jersey, a Motion for Judgment Notwithstanding the Verdict (NOV) or in the Alternative, for a New Trial, is a legal pleading typically filed by a party who intends to challenge a jury's verdict. This motion seeks to have the court reverse the jury's decision and enter a judgment in favor of the moving party or, in the alternative, request a new trial. Keywords: New Jersey, Motion for Judgment Notwithstanding the Verdict, NOV, new trial, legal pleading, jury's verdict, court, judgment, moving party. There are four types of New Jersey Motions for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial, which may be named as follows: 1. Motion for Judgment Notwithstanding the Verdict: This type of motion challenges the sufficiency of the evidence presented at trial, claiming that no reasonable jury could have reached the verdict that was rendered. The moving party argues that the evidence was insufficient to support the jury's decision and requests the court to enter a judgment in their favor despite the jury's verdict. 2. Conditional Motion for Judgment Notwithstanding the Verdict: In this type of motion, the moving party requests judgment in their favor if the court denies their request for a new trial. Essentially, the party anticipates that even if a new trial is granted, the outcome would likely be the same, thus seeking an alternate claim for judgment notwithstanding the verdict. 3. Motion for New Trial: Apart from seeking a NOV, a party might request a new trial based on a number of grounds. Some common grounds for a new trial in New Jersey include errors in evidentiary rulings, misconduct by opposing counsel that affected the outcome, newly discovered evidence, or if the verdict was against the weight of the evidence. The motion asks the court to nullify the original trial and schedule a new trial to remedy the alleged errors or shortcomings. 4. Conditional Motion for New Trial: Similar to the conditional NOV motion, the moving party requests a new trial if the court denies their motion for judgment notwithstanding the verdict. It implies that even if the court is not inclined to overturn the verdict entirely, they believe a new trial is necessary for the interests of justice. When filing a Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial in New Jersey, the moving party must provide a detailed explanation of the factual and legal basis for their claim. They should support their arguments with relevant case law, legal statutes, and citations to demonstrate that the jury's verdict was incorrect or unjust. It's important to note that the rules and procedures regarding motions for NOV or new trials may vary slightly depending on whether the case is civil or criminal, as well as the specific circumstances of the case. Therefore, consulting with a knowledgeable attorney regarding the appropriate procedure and strategies is highly recommended.
New Jersey Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
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Unless you have received a motion for summary judgment, you MUST respond to the moving papers at least 8 days before the return date listed on the Notice of Motion. A summary judgment motion requires that the response be filed at least 10 days before the return date.
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.
Examples of motions include: Motion to dismiss the complaint ? Motion for entry of default ? Motion to vacate a default judgment ? Motion for summary judgment ? Motion to strike an answer for failure to answer interrogatories ? Motion to compel discovery.
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
(§ 659, subd. (a).) Motions for Judgment Notwithstanding the Verdict (JNOV) must be filed within fifteen days after the service of notice of entry of the judgment. (§§ 629, 659.)
Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law that is sometimes rendered at the conclusion of a jury trial.
The trial judge on defendant's motion may grant the defendant a new trial if required in the interest of justice. If trial was by the judge without a jury, the judge may, on defendant's motion for a new trial, vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.