Pennsylvania Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial
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How to fill out Motion For Judgment Notwithstanding The Verdict, Or In The Alternative, For A New Trial - For Prejudicial Statements At Trial?
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FAQ
(§ 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.)
Timing in federal court is different. If brought, JMOL motions must be filed no later than 28 days after the entry of judgment.
JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion. If there is no evidence to support a reasonable conclusion for the opposing party, judgment is entered by the court and the case is over.
Summary judgment is a pre-trial motion and often takes place after discovery is complete. Meanwhile, JMOL is an in-trial or post-trial motion, and it must occur after both parties have had the chance to present their case.
The Rule Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.
For example, if a party enters no evidence on an essential element of their case but the jury, the finder of fact, still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.
JMOL motions may also be made after the verdict is returned and are then called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding the verdict, or JNOV (from the English judgment and the Latin non obstante veredicto).
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.