A Wyoming Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial can be filed when prejudicial statements have been made during a trial. This legal motion allows the party that feels disadvantaged by such statements to request the court to either overturn the verdict and enter judgment in their favor or grant them a new trial. Prejudicial statements during a trial can significantly impact the fairness and impartiality of the proceedings. Jurors might be swayed by irrelevant or inflammatory remarks, leading to an unjust result. The Wyoming legal system recognizes the importance of a fair trial and allows parties to seek relief if they believe that prejudicial statements have hindered their case. In Wyoming, there are two different types of motions that can address prejudicial statements at trial: 1. Motion for Judgment Notwithstanding the Verdict: This motion is filed after a jury has reached a verdict unfavorable to the moving party. It requests the court to set aside the verdict and enter a judgment in favor of the moving party based on the argument that the prejudicial statements affected the outcome of the trial. To prevail in this motion, the moving party must demonstrate that no reasonable jury could have reached the verdict in light of the prejudicial statements. 2. Motion for a New Trial: Alternatively, a party can file a motion for a new trial if they believe that the prejudicial statements significantly influenced the jury's decision. This motion seeks to have the court order a new trial, allowing the parties to present their case again before a different jury. The moving party must establish that the prejudicial statements had a substantial impact on the jury's verdict and that justice requires a new trial to rectify the unfairness caused. Both motions aim to correct any inequities arising from prejudicial statements during a trial. They offer parties the opportunity for a fair and unbiased presentation of their case, ensuring that the integrity of the judicial process is upheld. Overall, the Wyoming Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial can be filed when prejudicial statements are made during a trial. This legal recourse provides a mechanism for parties to seek relief from unjust verdicts influenced by these statements. By allowing such motions, the Wyoming legal system demonstrates its commitment to ensuring fairness and impartiality in court proceedings.
Wyoming Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial
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(d) Motion for judgment notwithstanding the verdict (C) 180 days after entry of judgment.
Grounds for a New Trial The verdict returned goes against the evidence and violates justice. The verdict returned is against the weight of the evidence presented. The trial court committed an error through an illegal admission or exclusion of evidence. Presence of newly discovered evidence.
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.
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.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
(§ 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.)
Some of the most common type of post trial motions include a motion for new trial, a motion for judgment notwithstanding the verdict (JNOV), or a motion to amend or nullify the judgment.
A point in a motion for new trial is a prerequisite to the following complaints on appeal: (1) A complaint on which evidence must be heard such as one of jury misconduct or newly discovered evidence or failure to set aside a judgment by default; (2) A complaint of factual insufficiency of the evidence to support a jury ...