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

The main difference between a motion for a new trial and a motion for judgment notwithstanding the verdict (also known as “JNOV”) is that the result of the motion. A motion for a new trial is a request for the court to re-hear the case, whereas a JNOV is a motion seeking to overturn the jury’s verdict and enter a different judgment. When a party files a motion for a new trial, they are asking the court to re-examine the evidence, testimony, or other matters to assess if the verdict was proper or if it should be set aside. If the court agrees with the motion, then the case is reheard, either with a new jury or in a bench trial. On the other hand, when a party files a motion for judgment notwithstanding the verdict, they are asking for the jury’s verdict to be set aside, and instead for a different judgment to be entered in favor of the requesting party. This generally can only be done if the jury’s verdict was based on a mistake of law. For example, if the jury found the defendant liable for a charge that the law did not support, then the court may grant a JNOV. In Massachusetts, both motions are governed by Rule 59 of the Massachusetts Rules of Civil Procedure. If a party has any objection to the outcome of their trial, it may be beneficial to consult an attorney to determine whether filing one of these motions is appropriate under the circumstances.

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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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