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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.
If granted, the case goes back to trial, giving both sides another chance to present their arguments and evidence.
Yes, Judgment Notwithstanding the Verdict aims to change the outcome directly, while a Motion for New Trial asks to redo the trial due to errors.
Winning such a motion can be tough—it usually only happens if the evidence clearly doesn't support the jury's verdict.
Yes, if your motion is denied, you still have the right to appeal the decision to a higher court.
Typically, you have a limited time, usually around 30 days, after the verdict to file your motion, so it's crucial to act quickly.
A Motion for a New Trial can be filed if there were significant errors during the trial that affected the outcome, like wrong jury instructions or newly discovered evidence.
It's a request to the court asking to override a jury's decision because they believe the verdict was not supported by the evidence presented.
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Stockton California Response to Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial