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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.
Evidence is key; you need to show that the jury's decision wasn't backed up by the evidence presented during the trial.
Yes, if your motion is denied, you can still appeal the decision to a higher court, but you'll need to follow the proper procedures in doing so.
If your motion is granted, the previous judgment is reversed, which can either lead to a different verdict or a new trial.
There are deadlines, often ranging from a few days to a month after the verdict, so it’s crucial to act quickly if you’re considering this.
'In the alternative' means that if the court doesn't grant one request (like overturning the verdict), then it's asking for another option instead, like a new trial.
You can file it after a jury trial, usually after the verdict is announced and if you believe the evidence doesn't support the verdict.
It's a legal request asking the court to overturn a jury's verdict, saying that even if the jury's decision is taken as true, there's no legal basis for it.
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Long Beach California Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial