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 separate motions available in civil procedure in California. Both motions can be used when a party is unhappy with the outcome of the trial. A motion for a new trial is a request that the court order a new trial before the same or different judge. The party making the motion must show that there was a legal error in the trial or that the jury’s verdict was not supported by the evidence. The court can grant the motion, deny the motion, or grant a new trial on certain issues. A motion for judgment notwithstanding the verdict, also known as a JNOV, is a request that the court order a judgment in favor of the moving party despite the jury’s verdict. A party making a JNOV must show that there was insufficient evidence or legal error supporting the jury’s verdict. If the court grants the JNOV, the court orders that the verdict be set aside and enters judgment in favor of the moving party. The two motions have similar purposes - they allow a party to challenge the trial outcome - but they are distinct. The biggest difference between them is that a motion for a new trial is a request for a retrial, while a motion for judgment notwithstanding the verdict is a request for an immediate judgment in the party’s favor.

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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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