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 (JNOV) are two legal motions used in civil procedure in the state of Hawaii. The primary difference between the two is the purpose each serves. A Motion for a New Trial is used when a party believes that the current jury’s decision is not in line with the evidence presented in the case. The motion can be used to challenge errors made by the judge, such as the jury instructions, or the evidence presented during the trial that could lead to an unjust outcome. It can also be used to challenge an unfavorable verdict in a civil or criminal trial. On the other hand, a Motion for JNOV is used to challenge a jury verdict on the basis that, even if all evidence presented is assumed to be true, the legal outcome is not in accordance with the law. This motion argues that the jury’s verdict does not reflect the applicable laws and challenges them to reverse their recent verdict. In essence, then, a Motion for a New Trial is used to challenge a verdict due to errors or inadequate evidence during a trial, while a Motion for JNOV is used to challenge a verdict due to a misapplication of the law.
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