South Carolina Order Overruling Motion for JNOV

State:
Multi-State
Control #:
US-PI-0184
Format:
Word; 
Rich Text
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Description

This form is a sample order overruling plaintiff's motion for a judgment notwithstanding the verdict, or, in the alternative, for a new trial.

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FAQ

After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor. (e) Motion to Alter or Amend a Judgment.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

For example, orders granting new trial motions and denying JNOV motions are appealable. Sections 629(d), 904.1(a)(4). Orders denying new trial motions and granting JNOV motions generally are not, but they are still reviewable on appeal from the judgment.

S.C. Dep't of Transp., 361 S.C. 9, 21, 602 S.E.2d 772, 778 (2004). ?The purpose of Rule 59(e), SCRCP, to alter or amend the judgment is to request the trial judge to 'reconsider matters properly encompassed in a decision on the merits.

A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.

Upon request of the defendant the prosecution shall permit the defendant to inspect and copy books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the prosecution, and which are material to the preparation of ...

Such a motion under Rule 60(b) does not affect the finality of the judgment, but a motion under Rule 59, made within 10 days, does affect finality and the running of the time for appeal.

Judgment notwithstanding the verdict (JNOV) | Wex | US Law | LII / Legal Information Institute.

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South Carolina Order Overruling Motion for JNOV