South Carolina Order Overruling Motion for NOV — A Detailed Description In the legal realm of South Carolina, the Order Overruling Motion for Judgment Notwithstanding the Verdict (NOV) is a crucial aspect of the litigation process. It is important to understand the purpose, procedure, and possible outcomes of such orders. This article aims to provide a detailed description of what the South Carolina Order Overruling Motion for NOV entails, utilizing relevant keywords for clarity and accuracy. Keywords: South Carolina, Order, Overruling, Motion, NOV, Judgment Notwithstanding the Verdict, litigation process, purpose, procedure, outcomes. Overview: An Order Overruling Motion for NOV in South Carolina refers to a ruling made by a judge after a motion has been filed seeking a judgment that contradicts the jury's verdict. This motion challenges the sufficiency of the evidence presented during the trial and requests the court to enter a judgment in favor of the opposite party. The judge's decision on this motion plays a critical role in the litigation process, as it can either affirm the jury's verdict or call for a new trial. Types of South Carolina Order Overruling Motion for NOV: 1. Overruling Motion for NOV and Upholding Verdict: In this type, the judge reviews the evidence presented during the trial and determines that it is sufficient to support the jury's verdict. The judge denies the motion, thereby upholding the verdict and finalizing the case. 2. Overruling Motion for NOV and Ordering New Trial: In some instances, despite finding the evidence insufficient to support the jury's verdict, the judge may opt to overrule the motion for NOV and order a new trial. This occurs when the judge believes that a reviewing court may disagree with their decision, leading to the potential for reversal, or when there are procedural errors that require addressing. 3. Overruling Motion for NOV based on Legal Arguments: In certain cases, the judge may overrule the motion for NOV due to legal arguments made by the opposing party. These arguments could challenge the validity or interpretation of certain laws or statutes, ultimately influencing the judge's decision. Procedure: To file a Motion for NOV in South Carolina, the moving party must submit a written motion within the specific timeframe set by the court rules or judge's instructions. The motion should outline the legal grounds in support of the request for judgment contrary to the jury's decision. Once filed, the opposing party has an opportunity to respond, presenting their own arguments to counter the motion. The judge will then review the motion, the respective arguments, and the evidence provided during the trial before making a ruling on the motion. Outcomes: The potential outcomes of a South Carolina Order Overruling Motion for NOV are diverse. If the judge overrules the motion, it means the jury's verdict stands as the final adjudication. Alternatively, if the motion is upheld, a new judgment is entered in favor of the moving party, essentially disregarding the jury's decision and finding in favor of the opposing party. In cases where the motion is overruled, but the judge orders a new trial, both parties must prepare for litigation once again, presenting their arguments and evidence for the court's reconsideration. In conclusion, the South Carolina Order Overruling Motion for NOV is a critical component of the litigation process. Its purpose is to challenge the sufficiency of evidence supporting the jury's verdict, seeking an alternative judgment. By understanding the procedure, potential outcomes, and various types of these orders, litigants in South Carolina can navigate the legal system effectively and pursue the most favorable resolution to their case.
South Carolina Order Overruling Motion for JNOV
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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.
