This form is the response by the defendant to the motion for a judgement notwithstanding the verdict, or, in the alternative, for a new trial filed by the plaintiff.
Virginia Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial
State:
Multi-State
Control #:
US-PI-0183
Format:
Word;
Rich Text
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How to fill out Response To Motion For Judgment Notwithstanding The Verdict, Or In The Alternative, For A New Trial?
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FAQ
"However, if the judgment is void, it may be attacked in any court at any time. A void judgment is one that has been procured by fraud or entered by a court that lacked either subject matter or personal jurisdiction." Key Bank & Tr. v. Myers, 49 Va.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of. the subject matter, or of the parties, or acted in a manner inconsistent with due. process, Fed.
Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.
If the civil warrant was properly served on the defendant and he or she fails to appear on the return date, a ?default judgment? may be entered against the defendant. In this case, the court will enter a judgment for the plaintiff on the trial date based on enough evidence from the plaintiff to support the claim.
Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.
A motion for judgment notwithstanding the verdict (JNOV) is a motion asking the court to enter a judgment disregarding the verdict rendered by the jury. The motion argues that no reasonable jury could reach the verdict that the jury reached in the particular case.
A trial court in a civil action may enter a judgment notwithstanding the jury's verdict where the verdict is ?contrary to the evidence, or is without evidence to support it.? Va. Code Ann. § 8.01- 430.
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.