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 motions for judgment notwithstanding the verdict (JNOV) are both legal tools in civil procedure in Florida. The main difference between the two motions is the purpose behind them. A motion for a new trial is made when a party believes that an error occurred during the trial that resulted in a wrong outcome. This motion is usually centered around the idea that the jury made an error either with the facts of the case or the law. A motion for a new trial does not actually challenge the verdict of the jury; instead, it requests a new trial so that justice can be done. A motion for judgment notwithstanding the verdict (JNOV) is a request to the court to override the decision of the jury and enter a judgment of its own. This motion is usually granted when the party appealing believes that the jury’s verdict was wrong based on the evidence or the law. This motion essentially throws out the jury’s decision and the court has to decide the case for itself, without the jury’s input. In summary, the main difference between a motion for a new trial and a motion for judgment notwithstanding the verdict is that a motion for a new trial requests a new trial, while a motion for JNOV requests that the court overturn the jury’s verdict and enter its own judgment.
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