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	50 (Site not responding. Last check: 2007-10-12)
		A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts.
		Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion.
		If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as respondent, assert grounds entitling him to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict.
	www.utcourts.gov /resources/rules/urcp/50.htm (502 words)

	Rule 50, Arkansas Rules of Civil Procedure
		A party may move for a directed verdict at the close of the evidence offered by an opponent and may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the extent as if the motion had not been made.
		(1) Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion.
		If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling him to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict.
	courts.state.ar.us /rules/civpro50.html (782 words)

	Judgment notwithstanding verdict - Wikipedia, the free encyclopedia
		Judgment notwithstanding the verdict, or J.N.O.V. for short (English "Judgment" + Latin Non Obstante Veredicto) is a type of J.M.O.L., or Judgment as a matter of law, that is ordered at the conclusion of a jury trial.
		J.N.O.V. is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict.
		In criminal cases in the U.S., an analogous concept is that of a directed verdict.
	en.wikipedia.org /wiki/Judgment_notwithstanding_verdict (264 words)

	Mass. Rules of Civil Procedure Rule 50
		A party may move for a directed verdict at the close of the evidence offered by an opponent, and may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made.
		(2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial pursuant to Rule 59 not later than 10 days after entry of the judgment notwithstanding the verdict.
		If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling him to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment not-withstanding the verdict.
	www.lawlib.state.ma.us /mrcp50.html (537 words)

	Wall v. Pennsylvania Life Insurance Co., 274 N.W.2d 208 (N.D. 1979) (Site not responding. Last check: 2007-10-12)
		The district court granted Penn. Life's motion for judgment notwithstanding the verdict in the event that the judgment notwithstanding the verdict was reversed on appeal, a new trial.
		Life, in its answer, motion for summary judgment, motion for directed verdict, and motion for a judgment notwithstanding the verdict, raised the defense that Wall's action was barred by the applicable Statute of Limitations.
		In granting the judgment notwithstanding the verdict, the district court determined that Wall had failed to prove, as a matter of law, that his injury had been caused by an accident, as the term accident was defined for the jury.
	www.court.state.nd.us /court/opinions/9504.htm (5255 words)

	California Courts: Rules: Title One: Rule 3. Extensions of time to appeal
		The courts also recognize certain nonstatutory motions to vacate a judgment, e.g., when the judgment is void on the face of the record or was obtained by extrinsic fraud.
		Second, the former rule made provision for "the time for filing the notice of appeal from the judgment or from the denial of the motion to enter a judgment notwithstanding the verdict" (former subd.
		Under the revised and former rules, the appellant then has 30 days to appeal from the judgment; but under former rule 3(d) it was unclear whether the appellant had 30 or 60 days to appeal from the order denying the motion for judgment notwithstanding the verdict.
	www.courtinfo.ca.gov /rules/titleone/title1-1-14.htm (2252 words)

	Watkins Products, Inc. v. Stadel, 214 N.W.2d 368 (N.D. 1973)
		This is an appeal from a judgment of the district court dismissing the plaintiff's complaint and from an order of the district court denying a motion by the plaintiff for judgment notwithstanding the verdict or in the alternative for a new trial.
		In accordance with that verdict, the district court rendered its judgment and, thereafter, denied Watkins' motion for judgment notwithstanding the verdict or in the alternative for a new trial.
		A motion for judgment notwithstanding the verdict admits not only the truth of the evidence given by the party against whom the verdict is asked to be directed, but also such inferences and conclusions which can reasonably be deduced from such evidence.
	www.court.state.nd.us /court/opinions/8891.htm (2634 words)

	The Fluoroquinolone Toxicity Research Foundation
		Plaintiff sued, and the trial court entered judgment on a jury verdict for defendants and denied plaintiff's motion for judgment notwithstanding the verdict or for a new trial.
		It is important to emphasize the basic principle that the practice of medicine imposes upon the doctor the duty to exercise in the treatment of his or her patient the degree of care, knowledge and skill ordinarily possessed and exercised in similar situations by the average member of the profession practicing in the field.
		She contends generally that the evidence mandates that a judgment be entered in her favor and that the errors of law, at the very least, required a new trial with appropriate instructions as to the legal issues presented by the case.
	www.fqresearch.org /legal_26.htm (3676 words)

	Butcher v. White's Iowa Institute
		The Court of Appeals affirmed the judgment of the trial court because there was no evidence that the defendant, or anybody for whom the defendant was legally responsible, had caused the parked truck to roll down the hill and breach the fence.
		The district court granted the Institute's motion for judgment notwithstanding the verdict, citing the absence of any evidence that the fences were not in good repair except for the break caused by the truck.
		When considering a motion for judgment notwithstanding the verdict, we view the evidence in the light most favorable to the party against whom the motion is directed.
	tarlton.law.utexas.edu /dawson/cases/car/butcher.htm (1053 words)

	[No title]
		Accordingly, we reverse the judgment of the trial court granting plaintiff's motion for judgment notwithstanding the verdict and awarding plaintiff damages in the amount of $16,480.60 and remand to the trial court to enter judgment on the jury's verdict.
		Summary judgment is properly granted when all the evidence before the court at the time the motion is ruled on shows that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law.
		In sum, we conclude that the trial court erred in granting plaintiff's motion for judgment notwithstanding the verdict and remand to the trial court to enter judgment on the jury's verdict on the issue of plaintiff's contributory negligence.
	www.ibiblio.org /pub/docs/nc-supreme-court/jun2194/dsitransports (3579 words)

	GCM 33653
		The lower court had incorrectly granted the motion of the government for judgment notwithstanding the verdict--the theory of that motion differed from the theory of the government's earlier motion for a directed verdict and thus deprived the taxpayer of any apportunity to rebut the theory.
		The result is to vacate a judgment entered in favor of the government for $179,752.06, the amount of the demand in its counterclaim, and to reinstate a judgment in favor of the government for $14,288.17, the amount which it stipulated was due under the jury's verdict on special interrogatories.
		It is from the grant of the government's motion for judgment notwithstanding the verdict and the denial of his motion for a judgment notwithstanding the verdict or new trial that Wall appeals.
	www.irstaxattorney.com /Trust-Fund-Penalty/GCM_33653.html (6614 words)

	OSCN Found Document:Judgment Notwithstanding Verdict - New Trial in Lieu of Judgment.
		The motion for judgment notwithstanding the verdict, if made, must be filed not later than ten (10) days after the judgment, prepared in conformance with Section 696.3 of this title, is filed with the court clerk.
		A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial.
		A motion for judgment notwithstanding the verdict filed after the announcement of the verdict but before the filing of the judgment shall be deemed filed immediately after the filing of the judgment or decree.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=94070 (290 words)

	Columbia Law Library Music Plagiarism Project - Discussion and Questions
		Since we affirm the district court's grant of a judgment notwithstanding the verdict, it is not necessary to consider either the grant of the motion, in the alternative, for a new trial or the defendants' cross-appeal on the district court's denial of summary judgment.
		We note, however, that the cross-appeal with respect to the summary judgment motion is inappropriate and redundant since the issues it raised were incorporated in the motion for judgment notwithstanding the verdict.
		In granting the defendants' motion for judgment notwithstanding the verdict, Judge Leighton relied primarily on the plaintiff's failure to adduce any evidence of access and stated that an inference of access may not be based on mere conjecture, speculation or a bare possibility of access.
	www.columbia.edu /ccnmtl/draft/marcr/copyright/case_sellegibb.html (4437 words)

	Fahey v Edwards
		Whether the lower court erred in granting the defendant’s motion for judgment notwithstanding the verdict in this negligence case where defendant failed to properly specify the grounds underlying its motion for directed verdict and where plaintiff was not given an opportunity to cure any alleged deficiencies in the proof of her case.
		In considering a motion for judgment notwithstanding the verdict, the court must not weigh either witness credibility or the evidence itself; it must merely ask whether the jury could reasonably have returned a verdict in favor of the winning party.
		To grant a motion for judgment n.o.v., the court must find as matter of law that plaintiff failed to adduce sufficient facts to justify the verdict and such motion may be granted only when, without weighing credibility of evidence, there can be but one reasonable conclusion as to proper judgment.
	www.ravechroy.com /fahey.htm (5159 words)

	OSCN Found Document:PEOPLES ELEC. COOP. v. BROUGHTON
		It renders judgment in accordance with the verdict of the jury.
		In the absence of a motion to reserve rendition of the judgment in the form of a motion for judgment notwithstanding the verdict or in some other appropriate manner, the judgment is, by operation of law, rendered when the verdict of the jury is returned and accepted.
		It was the evident intention of the Legislature that the motion for judgment notwithstanding the verdict of the jury should serve the same purpose served by such motion at common law.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=7708 (1980 words)

	[No title]
		For reversal, appellant contends that the trial court erred in denying its motions for directed verdict at the close of the trial and for judgment notwithstanding the verdict after the verdict was returned.
		A motion for a directed verdict is a challenge to the sufficiency of the evidence.
		Similarly, where a motion for judgment notwithstanding the verdict is denied, we must also determine whether the verdict is supported by substantial evidence.
	www.securitymanagement.com /library/Sparks.txt (1416 words)

	John Langlois v. Alan & Michelle Pomerleau
		We reverse the denial of the defendants' motion for a judgment notwithstanding the verdict, and otherwise affirm.
		On appeal, the defendants argue that the trial court erred in denying their motion for judgment notwithstanding the verdict, despite undisputed evidence that the defendants had no knowledge that their son had any propensity for playing with matches or lighters or starting fires.
		A party is entitled to judgment notwithstanding the verdict only when the sole reasonable inference that may be drawn from the evidence, which must be viewed in the light most favorable to the nonmoving party, is so overwhelmingly in favor of the moving party that no contrary verdict could stand.
	www.state.nh.us /judiciary/supreme/opinions/1999/langlois.htm (1459 words)

	Eric Siegel v. Green Mountain Ford-Mercury
		Following the verdict, the district court denied defendant's motions for judgment notwithstanding the verdict and for a new trial.
		Nevertheless, defendant argues that the verdict should be overturned because plaintiff failed to prove at trial by clear and convincing evidence that defendant defrauded him of his security deposit when he purchased the truck.
		Defendant did not object to the substance of the charge, but made a general objection to punitive damages, stating only that "I don't think it's there." In its motion for judgment notwithstanding the verdict, defendant stated, without further explanation, that it was renewing its objection made at the close of evidence.
	www.vermontjudiciary.org /upeo/eo01367.htm (1101 words)

	Converted WP file 25331
		Thus, in ruling on a motion for a judgment notwithstanding the verdict, the evidence must be viewed in the light most favorable to the nonmoving party.
		The standard for granting a judgment notwithstanding the verdict is the same as for a directed verdict, i.e., after considering the evidence in the light most favorable to the nonmovant, only one reasonable verdict is possible.
		Under this standard, a judgment notwithstanding the verdict should be denied if the evidence is conflicting or is insufficient to establish the movant's case.
	www.state.wv.us /wvsca/DOCS/Spring99/25331.htm (4531 words)

	Fall 1992 Opinion
		Accordingly, the judgment notwithstanding the verdict of the Circuit Court of Mercer County is reversed.
		It appears from the documents filed in this case that the circuit court granted judgment notwithstanding the jury's verdict on the prejudgment interest question on the ground that the bank had not been damaged and that, even if it had been, the damages were uncertain and not reasonably susceptible to simple calculation.
		In considering whether a motion for judgment notwithstanding the verdict under Rule 50(b) of the West Virginia Rules of Civil Procedure should be granted, the evidence should be considered in the light most favorable to the plaintiff, but, if it fails to establish a prima facie right to recover, the court should grant the motion.
	www.state.wv.us /wvsca/docs/spring94/22083.htm (2244 words)

	RESPONDENT HAD NO STANDING TO MOVE FOR NEW TRIAL OR JUDGMENT NOTWITHSTANDING VERDICT AND THE TRIAL COURT HAD NO POWER ...
		The August 10, 1994 motion for judgment notwithstanding the verdict was also filed and granted before a final decision was made as to all of the issues of the case.
		Whether the motion is ultimately defined as a motion to correct the verdict or as a motion for judgment notwithstanding the verdict, it was not filed timely in 1997 after all issues in the case were finally decided.
		The controlling case and statutory authorities mandate that the motions for new trial and for judgment notwithstanding the verdict cannot be properly filed until after a final decision has been reached by the trial court as to all issues in the case.
	homepages.cae.wisc.edu /~dwilson/cobb/1998.html (11242 words)

	MCR 2.610 Motion for Judgment Notwithstanding the Verdict
		(1) If the motion for judgment notwithstanding the verdict under subrule (A) is granted, the court shall also conditionally rule on any motion for a new trial, determining whether it should be granted if the judgment is vacated or reversed, and shall specify the grounds for granting or denying the motion for a new trial.
		The party whose verdict has been set aside on a motion for judgment notwithstanding the verdict may serve and file a motion for a new trial pursuant to MCR 2.611 within 14 days after entry of judgment.
		(1) If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling that party to a new trial if the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict.
	www.icle.org /mlo/mcr/02/2.610.htm (583 words)

	[No title]
		Special Verdicts on the Individual Claims The trial court conducted a plea in bar hearing from September 17-28, 2001, at the conclusion of which forty-six claims relating to time extensions were submitted to the jury.
		The jury recorded its verdict on a special verdict form and found that the Joint Venture was prohibited from pursuing seventeen of its claims because it had either not complied with the requirements for submitting claims under the Contract or had failed to file suit within six months.
		UOSA assigns error to the denial of its motions to strike and motion for judgment notwithstanding the verdict.
	www.courts.state.va.us /opinions/opnscvtx/1022528.txt (2698 words)

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