What is a motion to set aside a verdict?

A Motion to Set Aside a Verdict is a legal request made by a party to a civil or criminal case in South Carolina after a jury has reached a verdict. In civil cases, the party making the motion is usually the losing party, while in criminal cases, the defendant or their defense team is the one to typically make the motion. A Motion to Set Aside a Verdict is made when the party believes that the verdict is wrong or unjust and they are asking the court to override the jury’s decision. The Motion to Set Aside a Verdict must state the reasons why the party believes the verdict should be overturned. Those reasons could include that the jury was wrong in their decision based on the evidence presented, that the verdict was based on false testimony, or that the jury was influenced by outside sources. The party must provide evidence to back up their claims. The judge presiding over the case will ultimately decide whether or not to grant the motion. If the judge does decide to grant the motion, the jury’s verdict is overturned and the case may be retried, or the court may make its own decision on the verdict. If the motion is denied, then the jury’s verdict stands.

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