How to File a Motion for Judgment Notwithstanding the Verdict

A motion for judgment notwithstanding the verdict (JNOV) asks the court to ignore the jury verdict and rule in your favor. It is always filed after the jury has entered their verdict against you. A JNOV does not apply to claims decided by the court in the absence of a jury. The JNOV is a tool most often used in state court proceedings. In federal court, the motion JNOV has been replaced by the judgment as a matter of law motion.^{[1]XResearch source} If you have lost a court case at the trial level due to a jury verdict in the opposing party's favor, you can draft a motion JNOV and file it with the trial court. A hearing will be set and you will argue your motion in court. If you win, the judge will render judgment in your favor despite the jury's contrary decision.^{[2]XResearch source}

Part 1

Part 1 of 3:

Drafting Your Motion

1
Review your case. At the end of your trial, you will be given notice of entry of judgment when a copy of the file-stamped judgment is served on you by the clerk of courts.^{[3]XResearch source} If you receive the judgment and it is not in your favor, you need to read the judgment to understand why. The judgment will set out the liabilities and the decisions of the judge and jury. Reading the judgment will help you understand the decision that was made and why.
- In addition to reading the judgment, you should also review your entire case, including motions, complaints, answers, and trial transcripts, in order to understand where the jury verdict came from.
- If, after reviewing your case, you feel as if the jury made the wrong decision, you should consider filing a motion JNOV.
2
Analyze the applicable law. The judge will only grant a motion JNOV when there is no substantial evidence to support the verdict. In other words, the court will grant your motion JNOV only if it appears from the evidence, when viewed in a light most favorable to the party securing the verdict, that there is no substantial evidence to support the verdict. When the judge reviews your motion, he or she cannot weigh the evidence or judge the credibility of witnesses. Instead, the judge must accept the evidence that supports the verdict as true. The court will disregard all conflicting evidence and make every reasonable inference that can be drawn in favor of the jury verdict.
- You do not need to file a motion for a directed verdict in order to file a motion JNOV. Also, even if a motion for a directed verdict has been denied, you can still file a motion JNOV.
- The court can only grant a motion JNOV if the jury verdict was valid. Therefore, a motion JNOV will not be granted if the jury verdict was so contradictory and unintelligible that the jury's intent was not ascertainable.
- The judge can grant a partial JNOV, which will overturn part of the jury verdict while leaving other pieces intact (i.e., the judge will modify the judgment).^{[4]XResearch source}
3
Understand your notice requirement. To start the motion JNOV process, you can either notify the court orally immediately after the jury enters their verdict or you can provide written notice to the other party and the court at a later time. If you are providing written notice, it can be provided before the entry of judgment but after the jury has rendered a decision. On the other hand, if you are going to file the motion JNOV after the entry of judgment, you must do so within the earliest of 15 days after the clerk of court mailed you your notice of entry of judgment, 15 days after served you with a written notice of entry of judgment, or 180 days after judgment is entered.^{[5]XResearch source}
- The notice required will be included in your actual motion JNOV. Only one document is required. Your entire motion will consist of valid notice and a memorandum of legal points and authorities.
Once you understand what it takes to win a motion JNOV and when it must be filed, you should start the process of drafting your motion. Start by looking for court forms or templates that will help you draft the motion JNOV. While courts will not usually have standardized forms to fill out for a post-trial motion JNOV, you can find endless examples of the motions online.^{[6]XResearch source} Download a couple motions JNOV and use them as a guide as you draft your own.
5
Create the caption. The first page of your motion JNOV will contain a caption, which identifies the parties and attorneys to the case, the court in which the case is being heard in, the case number, and the motion title.
- The caption needs to be formatted in a specific way and must comply with local court rules. Therefore, make sure you understand the formatting rules of your court. They can usually be found online or in the local rules of civil procedure.
- The title of your motion should state: "Memorandum of Points and Authorities in Support of Party's Motion for Judgment Notwithstanding the Verdict."^{[7]XResearch source}
6
Insert a table of contents. Directly after your caption you should include a table of contents. The table of contents will allow the judge to quickly look over your motion JNOV and understand your main arguments. When you draft your table of contents, insert your conclusory legal headings along with the page number where the legal arguments can be found.
- For example, the body of your table of contents might list your legal arguments as follows: "Legal Argument - JNOV (Page 1); Standard for JNOV (Page 1); There is no evidence to support the jury award (Page 2); The damages award must be vacated because it is unconstitutional (Page 4).^{[8]XResearch source}
7
Include a table of authorities. The table of authorities is an important piece of your motion that a lot of people miss. The table of authorities offers a quick overview of all the legal sources you cite in your motion. By providing them upfront, you allow the judge easy access to the citations, which makes the judge's job a lot easier when he or she goes to review them. The table of authorities should list court cases, statutes, and any other legal sources you cite to in your motion JNOV.
- To create the table, list each authority with a proper citation. include the page number(s) where the authority is cited in your motion JNOV.^{[9]XResearch source}
8
Draft an introduction. The first substantive piece of your motion JNOV will be the introduction. The introduction will provide a brief factual and procedural background to the motion JNOV. You should explain who you are (i.e., the plaintiff or defendant), how the jury ruled (i.e., against you in some way), and why the facts do not support the jury verdict. Your introduction can point to specific pieces of evidence and specific parts of the trial proceedings.
- For example, you might point to a specific letter that was entered into evidence during trial that supports your view that all of the evidence is in your favor. In addition, you might mention the fact that your attorney, throughout the entire trial, made a point that certain jury awards were not warranted based on the type of case and evidence presented (e.g., that punitive damages should not be available).^{[10]XResearch source}
9
List your arguments. Following your introduction will be your legal arguments (i.e., the body of your motion JNOV). The first heading in your legal arguments section should usually be the "Standard for JNOV." Once you work through the legal standard the court should follow when ruling on your motion, you should walk through each one of your legal arguments discussing why your motion should be granted. Include every possible legal argument you can think of, even if they contradict each other. The judge will view each legal argument separately. Be sure all of your legal arguments contain legal authorities that back them up. In addition, make sure you are making legal arguments that go toward the legal standard the judge is going to use to rule on your motion.
- For example, the legal standard for JNOV is generally that the motion must be granted if there is no substantial evidence to support the verdict. Therefore, your legal arguments should point to reasons why there is no substantial evidence in your case.^{[11]XResearch source}
- For example, if a jury returned a verdict in the other party's favor on a theory of negligence, you might attack the jury verdict by saying there was no substantial evidence to support one or more elements of negligence (i.e., duty, breach, causation, damages). You might say there was no evidence supporting the element of damages. You would then show, in your writing, what evidence of damages usually looks like in similar court cases and how that standard was not met in your case. Remember to use legal authorities whenever possible and compare and contrast your case to those authorities.
- Repeat this process for every argument you have.
Directly below your legal arguments should be a brief conclusion followed by a signature block. The conclusion will simply state that for the reasons you set forth in your motion, the motion JNOV should be granted. The signature block should follow and should contain the date and space for each of your attorneys to sign. If you do not have an attorney, simply leave space for you to sign.^{[12]XResearch source}
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Part 2

Part 2 of 3:

Filing Your Motion

Before you file your motion with the court, you need to sign it. When you sign a legal memorandum, you are promising that it is true and accurate. If you sign a false memorandum or one you know to be frivolous or misleading, you can get in trouble with the court you file it with. Be sure you review the motion and ensure its accuracy before signing it.
Copies of your motion JNOV and any supporting documents must be served on the opposing party. You must complete service in a timely manner so the other party has an opportunity to respond to your motion JNOV. In New York, for example, a motion must be served on the other party at least eight days before the motion is to be heard in court, or at least 13 days if the motion is served by mail. Your motion JNOV must be served by someone over the age of 18 who is not a party to the case. Once the other party has been served, the server must fill out a proof of service form.^{[13]XResearch source}
3
File your motion with the court. After the motion is complete and it has been served on the other party, take it to the court where your trial was held. You will be required to file both the motion JNOV and the proof of service form. The clerk of courts will match the case number on your motion JNOV to the file they have on record. The motion will be stamped as filed and will be put in the court's case file.
- You may be required to pay a filing fee when you file a motion JNOV. For example, in New Jersey, filing a motion with the court can cost $50.^{[14]XResearch source}
Once the motion JNOV and proof of service are filed, the clerk of courts will set a hearing date for you. The hearing date will be the time when you and the other party can argue your motion JNOV in front of the judge. The date will be set automatically based on the judge's availability and the time constraints set by law.
5
Await a response. The opposing party will have an opportunity to file a motion opposing yours, which will in essence say the jury verdict should remain intact. If the opposing party files a response, he or she will have to serve you with a copy. When you receive a copy of the response, read it carefully, It will give you insight into how the other party is planning on defending against your motion JNOV. This information is incredibly valuable so you can prepare for the hearing.
- To prepare for the hearing, come up with counter-arguments to the arguments the opposing party is making. Make sure you know your arguments and counter-arguments well as you will be asked about them in open court.
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Part 3

Part 3 of 3:

Arguing Your Motion

You are required to show up in court on the day of your hearing so you can argue your motion JNOV. If you do not appear, your motion will be denied. Make sure you give yourself ample time to get to the courthouse and into the courtroom. Everyone will have to go through metal detectors before they can get into court. Once you clear security find your courtroom and review the calendar outside to make sure you are in the right place. Each courtroom should have a list of cases that are being heard that day.^{[15]XResearch source}
2
Talk with the judge about your motion. When your case is called, move to the front of the courtroom and listen for further instructions. At some point, the judge will ask you about your motion. Answer any questions the judge has directly and succinctly. Your goal throughout this hearing is to persuade the judge to take your side. If the judge is confused about one of your legal arguments, try to clear it up for him or her. If the judge disagrees with one of your legal arguments, try to change his or her mind.
- When you are talking with the judge about your motion JNOV, do not argue or become combative. The judge wants to hear reasoned responses backed by the law. Becoming angry will not help your case.
3
Listen to the other party's arguments. Throughout the hearing the judge might address the other party as well. The judge will ask them about their opposition and why he or she shouldn't grant your motion JNOV. Allow the other party to speak and do not interrupt. The judge will likely speak back and forth with both of you and allow each person an opportunity to respond to the other's arguments.
- Be sure you listen carefully to what the other party is saying so you can respond accordingly. If you cannot respond with counter-arguments, you will likely lose your motion JNOV.
The judge must usually rule on a motion JNOV within 60 days of the original judgment being entered.^{[16]XResearch source} Therefore, the entire motion JNOV process will move quickly. Once your hearing is done, the judge may or may not make a decision immediately. If the judge does make a decision immediately, he or she will announce it in open court. In other cases, the judge might take some additional time to review the motions and the information heard during the hearing. In this case, the judge will make a decision in writing and the decision will be made available to you.^{[17]XResearch source}
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