What is the difference between a motion for a new trial and a motion for judgment notwithstanding the verdict?

A motion for a new trial and a motion for judgment notwithstanding the verdict are two different types of legal filings that can be used during civil procedure in Arizona. A motion for a new trial is a request to the court to set aside a verdict and order a new trial. Usually, a motion for a new trial is filed if there were errors in the previous trial that affected the outcome, such as if evidence was wrongly excluded or a mistake was made when giving instructions to the jury. A motion for judgment notwithstanding the verdict is a request to the court to override a jury’s verdict and find in favor of the party that filed the motion. This type of motion is usually filed if the jury’s verdict is based on errors of law. For example, if the jury failed to follow the law of evidence, the court would be asked to reverse their decision and rule in favor of the party that was not awarded a favorable verdict. In both cases, the court will examine the evidence presented in the first trial to determine if the motion should be granted. If granted, the court can order a new trial or replace the jury’s decision with its own. Ultimately, both motions are attempts to overturn an unfavorable verdict and potentially achieve a more favorable outcome.

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What is the difference between a motion for a new trial and a motion for judgment notwithstanding the verdict?

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