Wyoming 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.

How to fill out Order Overruling Motion For JNOV?

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FAQ

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.

The Rule Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

Wyoming rule 41 (a) (1) reads: a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action in which service was obtained, based on or including the same claim.

For example, orders granting new trial motions and denying JNOV motions are appealable. Sections 629(d), 904.1(a)(4). Orders denying new trial motions and granting JNOV motions generally are not, but they are still reviewable on appeal from the judgment.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.

At any time more than 60 days after service of the complaint and at least 28 days before the date set for trial, any party may serve on an opposing party an offer to allow settlement or judgment on specified terms, with the costs then accrued.

A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.

(§ 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.)

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Wyoming Order Overruling Motion for JNOV