IN THIS VIDEO WE DISCUSS, WHAT ARE POST-TRIAL MOTIONS? EVERYTHING YOU NEED TO KNOW ABOUT POST-TRIAL MOTIONS | #LAWFIRM #lawyer
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POST TRIAL MOTIONS

Once the Judgment has been rendered and formalized in writing, either party may file with the Court a post-Trial motion, which may include: (1) Motion to Amend the Judgment, (2) Motion to Nullify the Judgment, (3) Motion for New Trial, or (4) Motion for Judgment Not-withstanding the Verdict (JNOV).

MOTION TO AMEND THE JUDGMENT

The Trial Court can amend the Judgment at any time to alter the language of the written Judgment or to correct any calculation errors.   However, the Court cannot change the substance of the Judgment.

MOTION TO NULLIFY THE JUDGMENT

A Motion to Nullify the Judgment may be granted if: (1) it is determined that the Judgment was obtained by fraud, (2) the Judgment Debtor was not properly served with process of the legal papers, or (3) the Court did not have proper subject matter jurisdiction to hear the lawsuit.

MOTION FOR NEW TRIAL

A Motion for a New Trial may be granted if errors were committed by the Trial Judge.  In many cases, a Motion for New Trial must first be made before an Appeal is filed.

MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT (JNOV)

The losing party to the lawsuit may Motion for a Judgment Not-withstanding the Verdict (JNOV).  If granted, the Court will render a verdict that is contrary to the verdict provided by the Jury.  The standard for granting a Motion for Judgment Not-Withstanding the Verdict (JNOV) is that reasonable Jurors could not arrive at a contrary verdict.  The Court will only grant the Motion for JNOV if the facts and inferences are overwhelmingly in favor of one party that reasonable Jurors could not disagree with the Judgment that the Court will render, despite the fact that the actual Jury rendered a contrary verdict.  The Trial Judge has the sole discretion to grant the Motion for JNOV.   In doing so, the Trial Judge should not consider the credibility of the witnesses. Rather, the Trial Judge must make all reasonable inferences and factual determinations in favor of the non-moving prevailing party in the lawsuit, i.e. the non-moving party is given the legal “benefit of the doubt.”


#shots #youtubeshorts
00:00 Introduction
00:29 Motion to Amend Judgment
00:46 Motion to Nullify Judgment
01:09 Motion for New Trial
01:23 Motion for Judgment (JNOV)

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