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 procedural motions available under civil procedure rules in Washington, though they serve different purposes. A motion for a new trial is a common procedural motion in civil cases, usually filed by the losing party. This motion seeks a retrial on the basis that the jury’s verdict was against the evidence, the trial was unfair, or that the court made an error in its instructions to the jury. The court may deny the motion, grant the motion, or grant a partial new trial. A motion for judgment notwithstanding the verdict is a procedural motion usually filed by the winning party. This motion asks the court to set aside the jury’s verdict and make a judgment on the case itself, without considering the jury’s decision. The court must find that the jury’s verdict was against the law or the evidence in order to grant the motion. In summary, a motion for a new trial is asking the court to retry the case and allow a new jury to make the decision. A motion for judgment notwithstanding the verdict is asking the court to make a ruling itself without the jury’s opinion.

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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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