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 different motions available in Michigan civil procedure. A motion for a new trial asks the court to review a case before the jury’s verdict and decide if there was something wrong with the trial. A motion for a new trial must raise a legal error, proving that something occurred during the trial which prejudiced the outcome of the case. This could include issues such as evidence that should not have been admitted, incorrect instructions given to the jury by the judge, or a biased jury. A motion for judgment notwithstanding the verdict, on the other hand, asks the court to review the jury’s verdict and make a final judgment on the case. This motion is often used if the plaintiff believes that the jury’s verdict is not based on the evidence presented. This motion is more specific and it must be proven that there was a lack of evidence to support the jury’s verdict. In either motion, the court must decide if the jury’s verdict was appropriate or incorrect and the court may either uphold or overturn the verdict. If the motion is granted, the court will enter a new judgment and the prior verdict from the jury will be erased.

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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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