Wyoming Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial is a legal motion that can be filed by a party in a civil case in Wyoming. This motion is aimed at challenging a jury verdict and seeking a judgment in favor of the moving party as a matter of law or requesting a new trial due to errors or irregularities during the trial process. In Wyoming, there are two main types of motions that can be filed: Motion for Judgment Notwithstanding the Verdict (NOV) and Motion for New Trial. 1. Motion for Judgment Notwithstanding the Verdict (NOV): This motion can be filed if the moving party believes that the jury's verdict is not supported by the evidence or is contrary to the law. The party argues that no reasonable jury could have reached the given verdict based on the facts of the case. The purpose of this motion is to ask the court to set aside the jury's verdict and render a judgment in favor of the moving party. To support a NOV motion, the moving party must present strong evidence demonstrating that the jury's decision was unreasonable or based on legal errors. The court will review the evidence and arguments presented during the trial and determine if the verdict was indeed erroneous. If the court agrees, it may overturn the jury's decision and enter a judgment in favor of the moving party. 2. Motion for New Trial: This motion may be filed when errors or irregularities occurred during the trial that significantly affected the outcome or fairness of the proceedings. The moving party seeks to have the trial court set aside the jury's verdict and order a new trial to address the issues that led to an unfair or erroneous decision. Reasons for filing a motion for a new trial can include errors in the admission or exclusion of evidence, misconduct by the opposing party, jury misconduct, or any other significant procedural errors. In both types of motions, it is crucial for the moving party to provide strong evidence, legal arguments, and relevant case precedents to persuade the court to grant the motion. If successful, the court may overturn the jury's verdict and enter a judgment in favor of the moving party, or order a new trial to ensure a fair and just resolution of the case.
Wyoming Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial
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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.
Rule 55 - Default; default judgment (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
Rule 56 - Summary judgment (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought.
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.
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.
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.
(§ 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.)
Rule 65 - Injunctions and restraining orders (a) Preliminary Injunction. (1) Notice. The court may issue a preliminary injunction only on notice to the adverse party. (2) Consolidating the Hearing with the Trial on the Merits.