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 both options following a verdict in Virginia civil procedure. The chief difference between the two is that the motion for a new trial seeks a different outcome in the same case, while the motion for judgment notwithstanding the verdict seeks immediate reversal of the jury’s verdict. A motion for a new trial can be granted for legal or factual errors, misconduct, or other issues that could have affected the jury’s decision. The jury’s decision is not reversed but the case is reconsidered with a new or modified jury. A motion for judgment notwithstanding the verdict, also known as a "JNOV" or "directed verdict", seeks to reverse the jury’s verdict. This can be done if the judge determines that the facts presented to the jury do not support the conclusion that the plaintiff or defendant was responsible for the damage in question. The judge can then enter judgment on behalf of the plaintiff or defendant. In order for either motion to be successful, the judge must make a legal determination based on the facts of the case. The standards for granting either motion are difficult to meet. The motion for judgment notwithstanding the verdict is usually more difficult to obtain since it requires a reversal of the jury’s decision.

Related FAQs

What is a motion for sanctions?
What are the elements of negligence?
How long do parties have to respond to pleadings?
What is a motion to change venue?
What is the difference between a settlement conference and a motion for summary judgment?
What is a motion for reconsideration?
What is a motion for summary judgment?
What is the statute of limitations for civil actions?
What is a deposition?
What are the grounds for a restraining order?

Related Blog Posts

Understanding Civil Procedure Basics - July 31, 2023
Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023