22.29 - B. Motion For Judgment Notwithstanding The Verdict
Jurisdiction | New York |
B. Motion for Judgment Notwithstanding the Verdict
Under the federal rules, a motion for judgment notwithstanding the verdict is known as a motion for judgment as a matter of law.3451 The statute makes clear that judgments as a matter of law in jury trials may be entered against both plaintiffs and defendants and with respect to issues or defenses that may not be wholly dispositive of a claim or defense.3452
Unlike state practice, in order to make such a motion or to appeal based on the sufficiency of the evidence, a party usually must have made a motion for a directed verdict at the end of opposing counsel’s case and, in the case of a party who presented evidence after the motion was denied or reserved, at the close of all evidence.3453 The motion for judgment as a matter of law must state the grounds on which it is made and cannot assert grounds not included in the motion for a directed verdict.
As under New York State law, the standard applicable to a motion for judgment as a matter of law is the same as that for a motion for a directed verdict and does not differ on appeal.3454 The applicable test, as stated by the Second...
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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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