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

Motions for a new trial and for judgment notwithstanding the verdict are both post-trial motions offered in Delaware civil procedure. However, they are different in nature. A motion for a new trial is a request to the court to re-try the case. The motion can be made on the basis of errors in law by the judge, of misconduct or bias from the jury, or on the fact that the verdict was contrary to the weight of evidence. In Delaware, the motion for a new trial is decided by the judge alone. A motion for judgment notwithstanding the verdict (JNOV), on the other hand, is a request to the court to override the jury’s decision. It is based on the argument that, regardless of what the jury decides, the evidence is not sufficient to support the decision. In Delaware, this motion can only be granted if, after considering all of the evidence, no reasonable jury could have reached the verdict. In other words, the motion is based on the legal merits of the case. In summary, a motion for a new trial requests a re-trial of the case and is decided solely by the judge. A motion for JNOV requests that the judge override the jury’s verdict and is based on the legal merits of the case.

Related FAQs

What is the pre-trial stage of civil procedure?
What is the doctrine of res judicata?
What are the rules and procedures for a change of venue?
What are the grounds for a restraining order?
What are the steps for filing a motion for summary judgment?
What is the difference between federal and state civil procedure?
What are the rules for filing a counterclaim?
What is the judgment/verdict stage of civil procedure?
What are the rules and procedures for jury selection?
How do juries determine liability?

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

Related FAQs

Related Blog Posts