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 distinct claims in civil procedure in Arkansas. A motion for a new trial is a request by a plaintiff or defendant for a court to examine the verdict and determine whether it should be reversed or set aside. It is usually based on allegations of legal error or an evidentiary issue. The court can deny the motion outright, grant a new trial, or reduce the judgment. A motion for judgment notwithstanding the verdict (also known as a “JNOV”) is a request by a plaintiff or defendant for the court to enter a judgment in their favor after the jury has reached a verdict. The motion asserts that the verdict is legally or factually incompatible with the evidence. The court will review the evidence and enter a judgment in the moving party’s favor if it finds that the jury’s verdict is not supported by the evidence. The difference between these two motions is that a motion for a new trial requests that the court review the verdict to determine if it should be set aside, while a motion for judgment notwithstanding the verdict requests that the court enter a judgment in the moving party’s favor despite the jury’s verdict. Both of these motions must be based on legal or factual arguments, and the court may or may not grant them, depending on the specific circumstances.

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