Motions After Trial

A motion for a new trial is typically filed to address errors or irregularities that occurred during the trial, such as improper jury instructions, admission of inadmissible evidence, or misconduct by the judge or opposing counsel.

In most jurisdictions, a motion for a new trial must be filed within a specific time period, typically 10 days after the verdict or judgment is entered. Failure to file the motion within this time limit may result in the waiver of the right to a new trial.

A motion for a new trial can be based on various grounds, including newly discovered evidence that could not have been obtained with reasonable diligence before the trial, juror misconduct, judicial error, or other irregularities that may have affected the outcome of the trial.

The standard of review for a motion for a new trial is typically abuse of discretion. This means that the court will only overturn the trial court's decision to grant or deny a new trial if it finds that the trial court clearly abused its discretion.

A motion for judgment notwithstanding the verdict (JNOV) is a motion that asks the court to overturn the jury's verdict and enter judgment for the moving party. This motion is typically filed when the moving party believes that there is no legally sufficient evidence to support the jury's verdict.

In most jurisdictions, a motion for JNOV must be filed within a specific time period, typically 10 days after the verdict is entered. Failure to file the motion within this time limit may result in the waiver of the right to a JNOV.

The most common ground for a motion for JNOV is that there is insufficient evidence to support the jury's verdict. This means that the moving party believes that there is no legally sufficient evidence to support the jury's finding of fact.

The standard of review for a motion for JNOV is typically de novo review. This means that the court will review the evidence presented at trial and make its own independent determination of whether there is sufficient evidence to support the jury's verdict.

A motion for remittitur is a motion that asks the court to reduce the amount of damages awarded by the jury. This motion is typically filed when the moving party believes that the jury's award of damages is excessive.

In most jurisdictions, a motion for remittitur must be filed within a specific time period, typically 10 days after the verdict is entered. Failure to file the motion within this time limit may result in the waiver of the right to a remittitur.

The most common ground for a motion for remittitur is that the jury's award of damages is excessive. This means that the moving party believes that the jury's award of damages is not supported by the evidence or is otherwise unreasonable.

The standard of review for a motion for remittitur is typically abuse of discretion. This means that the court will only overturn the trial court's decision to grant or deny a remittitur if it finds that the trial court clearly abused its discretion.

A motion for additur is a motion that asks the court to increase the amount of damages awarded by the jury. This motion is typically filed when the moving party believes that the jury's award of damages is inadequate.

In most jurisdictions, a motion for additur must be filed within a specific time period, typically 10 days after the verdict is entered. Failure to file the motion within this time limit may result in the waiver of the right to an additur.

The most common ground for a motion for additur is that the jury's award of damages is inadequate. This means that the moving party believes that the jury's award of damages is not supported by the evidence or is otherwise unreasonable.

The standard of review for a motion for additur is typically abuse of discretion. This means that the court will only overturn the trial court's decision to grant or deny an additur if it finds that the trial court clearly abused its discretion.