Bexar Texas Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial

State:
Multi-State
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Bexar
Control #:
US-PI-0182
Format:
Word; 
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Description

This form is a sample motion filed by the plaintiff in a personal injury action requesting that the Court enter a judgment in favor of the plaintiff and disregard the jury verdict, or, in the alternative, to grant the plaintiff a new trial.
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FAQ

Texas Rule of Civil Procedure 329b governs the filing of motions for new trial (as well as motions to modify, correct, or reform the judgment) and outlines their effect on the trial court's plenary power.

In the United States where from the provisions of our criminal law on new trial have been taken, errors of law in the judgment or verdict in criminal cases are grounds for new trial. "A new trial will granted where the verdict is against the law." (16 C.J. Sec. 2706; Wharton's Criminal Procedure, Sec.

A motion for new trial filed in criminal case in a Court of First Instance may be based either (1) on the ground of errors of law or irregularities committed during the trial in its general sense, that is, errors of law committed during the period from the arraignment to the rendition of the judgment, prejudicial to

The motion for new trial generally must be filed within 30 days of the date the judge signs a judgment, and that time cannot be extended. So timing is critical on these motions in Texas.

Rule 21 requires the clerk on the filing of the motion to make the proper entries concerning it on the motion docket, and renders such filing and entry sufficient notice, since the motion is one in a pending suit. As these entries are to be made by the clerk, any failure to make them is the fault of the clerk.

Rule 12. ATTORNEY TO SHOW AUTHORITY. A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating that he believes the suit or proceeding is being prosecuted or defended without authority, cause the attorney to be cited to appear before the court and show his authority to act.

Invoking the Rule in Texas In Texas, there is a procedure called invoking the Rule, which allows the prosecution or defense to request that witnesses be prevented from hearing the testimony of other witnesses.

A judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial. A JNOV is very similar to a directed verdict except for the timing within a trial.

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

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SORM filed a petition for judicial review in a Bexar County state district trial court. Patient, based on a template the chiropractor fills out.(3) a motion for new trial. BEXAR COUNTY, TEXAS. JUDGMENT. On July 7, 2014, the Court called this cause for trial. Motion heard and ruled upon in a timely manner. If a motion for new trial is filed. Bexar County's County Court indigent defense plan requires: "An attorney shall complete a minimum of six (6) hours of CLE in the area of Criminal law within. The odds of winning a motion for summary judgment?

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Bexar Texas Motion for Judgment Notwithstanding the Verdict or in the Alternative, for a New Trial