22.0 - I. Introduction
Jurisdiction | New York |
I. Introduction
“I respectfully move to set aside the verdict on all the grounds permitted under the N.Y. Civil Practice Law and Rules, and respectfully request 30 days within which to file the appropriate motions.” This is the usual incantation of the losing party’s attorney following the verdict. After this pro forma–sounding application is denied, as is usually the case, the attorney may be tempted to forgo his or her statutory right to file a written post-trial motion and proceed directly to an appeal. Counsel should resist the temptation. As discussed herein, the post-trial motion is an important remedy that should not be overlooked.
The post-trial motion is more than merely an opportunity for the unsuccessful party to take a first bite of the apple prior to appealing the judgment. It provides a party with its only chance to seek relief from the judge who has viewed the proceedings firsthand and who is in the best position to know whether an injustice occurred and whether a new trial is therefore warranted.
Unlike an appellate court, which reviews a printed trial record, a trial judge enjoys the unique perspective of having seen and heard the witnesses and having “been in the atmosphere of the trial.”3367 An improper remark or some conduct of counsel that might look innocent enough in the cold record might have had a devastating and prejudicial impact in the courtroom; a witness whose testimony looks credible in print might have spoken haltingly and nervously, refused to make eye contact, simply made a poor appearance or given other indications that perhaps he or she was not to be believed. Having witnessed the proceedings, an astute trial judge should have a strong sense of whether the...
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- 22.0 - I. Introduction
- 22.1 - II. General Considerations
- 22.2 - A. Post-Trial Motion Not For Preserving Appeal Issues
- 22.3 - B. Strategic Considerations
- 22.4 - 1. Consider Whether Appropriate
- 22.5 - 2. Consider Issues To Be Raised
- 22.6 - III. New York State Court Practice Governing Post-Trial Motions
- 22.7 - A. Post-Trial Motions In Jury And Nonjury Trials
- 22.8 - B. Time And Place Of Motion
- 22.9 - C. Oral Motions After Verdict
- 22.10 - 1. Motion To Set Aside Verdict
- 22.11 - 2. Stay Of Execution Of Judgment
- 22.12 - D. One Motion Only
- 22.13 - E. Possible Post-Trial Motion Relief
- 22.14 - 1. Judgment Notwithstanding The Verdict
- 22.15 - 2. New Trial
- 22.16 - A. Weight Of Evidence
- 22.17 - B. Excessiveness Or Inadequacy Of Award
- 22.18 - C. Inconsistent Or Compromise Verdict
- 22.19 - D. Jury Misconduct
- 22.20 - E. Misconduct Of Counsel, Party Or Judge
- 22.21 - F. Evidentiary Or Charge Errors
- 22.22 - F. Miscellaneous Matters
- 22.23 - 1. Use Of Trial Minutes
- 22.24 - 2. Time To Move
- 22.25 - 3. Form Of Motion
- 22.26 - G. Annuitized Payments; Reduction Of Judgment
- 22.27 - IV. Federal Practice Compared
- 22.28 - A. Post-Trial Motions Generally; Time To Move; Form Of Motions
- 22.29 - B. Motion For Judgment Notwithstanding The Verdict
- 22.30 - C. Motion For New Trial Or To Amend Judgment
- 22.31 - D. Motion To Amend Or Make Additional Findings
- 22.32 - E. Motion For Stay Of Execution
- 22.33 - F. Motion For Relief From Judgment
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