Wyoming Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial - for prejudicial statements at trial
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How to fill out 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 ...