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This form is the response by the defendant to the motion for a judgement notwithstanding the verdict, or, in the alternative, for a new trial filed by the plaintiff.
To prepare a solid Motion, you’ll need to clearly show how the evidence didn't support the jury's findings and include legal precedents that back up your argument.
Yes, if you're unhappy with the judge's decision on your Motion, you can appeal to a higher court, but you need to follow the proper procedures.
If your Motion is granted, the judge may either enter a new judgment or schedule a new trial where the case is heard again.
Typically, you have a limited timeframe—often 14 days—after the verdict to file a Motion for New Trial, so it's best to act quickly.
Common reasons include claiming that the jury's decision was not backed by enough evidence or that there were errors in how the law was applied.
A Motion for a New Trial asks the court to throw out the jury's verdict and start over, usually because there were major mistakes during the trial.
A Motion for Judgment Notwithstanding the Verdict is a request made after a jury has rendered a verdict, asking the judge to override that decision because the evidence doesn't support it.
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Colorado Springs Colorado Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial