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Re: cryptic0110 post# 32974

Tuesday, 11/01/2016 11:01:44 AM

Tuesday, November 01, 2016 11:01:44 AM

Post# of 33394
The formal mechanism to ask for a new trial on the basis that the jury did not have sufficient information to make an educated verdict.

Quoting from the Internet:

Judgment Notwithstanding the Verdict

A judgment entered by the court in favor of one party even though the jury returned a verdict for the opposing party.

The phrase "judgment notwithstanding the verdict" is abbreviated JNOV, which stands for its Latin equivalent, judgment "non obstante veredicto." The remedy of JNOV applies only in cases decided by a jury. Originally this remedy could be entered only in favor of the plaintiff, and the similar remedy of arrest of judgment could be entered only in favor of the defendant. Under modern law a JNOV is generally available to both plaintiffs and defendants, and an arrest of judgment is primarily used with judgments in criminal cases. A JNOV is proper when the court finds that the party bearing the Burden of Proof fails to make out a Prima Facie case (a case that on first appearance will prevail unless contradicted by evidence).

To be granted relief by a JNOV, a party must make a motion seeking that relief. The motion generally must be made in writing and must set forth the specific reasons entitling the party to relief. Many statutes and rules require that the moving party must have previously sought a directed verdict, and that the grounds for the JNOV motion be the same or nearly the same as those for the directed verdict. A directed verdict is a request by a party that the judge enter a verdict in that party's behalf before the case is submitted to the jury.