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

The motion for a new trial and the motion for judgment notwithstanding the verdict are two different legal actions that can take place in civil procedure in Texas. A motion for a new trial requests the court to set aside prior jury findings, evidence, or a verdict and allows a new trial to begin with new evidence or jury members. On the other hand, a motion for judgment notwithstanding the verdict, or JNOV, requests the court to ignore the jury findings and substitute their own judgment. The motion for a new trial is typically used to determine if errors were made during the trial that may have impacted the trial’s outcome. When a motion for a new trial is filed, a hearing is conducted by the court to determine if there was an error. If the court finds an error, the case may be reopened with a new trial. A motion for judgment notwithstanding the verdict, however, is typically filed when the results of the trial appear to be contrary to what the law should permit. During a JNOV hearing, the court must look at the trial’s evidence and new evidence to decide if a different result is warranted. If the court finds a different result is warranted, the court may grant a JNOV and make the decision in favor of the party filing the motion. Ultimately, the motion for a new trial is intended to provide the court with the opportunity to review errors made during the trial and allow for a new trial if necessary. On the other hand, the motion for judgment notwithstanding the verdict is intended to provide the court with the opportunity to review the findings of the trial and make a judgment based upon the evidence that either agrees or disagrees with the verdict.

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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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