Utah Order Overruling Motion for JNOV

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

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

Rule 101 adopts a general policy making the Rules of Evidence applicable in all instances in courts of the state including situations previously governed by statute, except to the extent that specific statutory provisions are expressly retained. Rule 101 also rejects Lopes v. Lopes, 30 Utah 2d 393, 518 P.

If the judge makes a decision without a hearing or if the judge or commissioner takes the matter under advisement, they will usually decide on the motion within 60 days after the motion was submitted.

(1) A motion must be in writing and state succinctly and with particularity the relief sought and the grounds for the relief sought. Any evidence necessary to support the moving party's position must be presented by way of one or more affidavits or declarations or other admissible evidence.

Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.

A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.

Rule 1101 contains exceptions dealing with preliminary questions of fact, grand jury proceedings, miscellaneous judicial or quasi-judicial proceedings and summary contempt proceedings.

(a) Case management tracks. All domestic relations actions, as defined in Rule 26.1, will be set for a case management conference before the court, or a case manager assigned by the court, after an answer to the action is filed.

If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law.

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Utah Order Overruling Motion for JNOV