What Is a Motion for Judgment Notwithstanding the Verdict?

A Motion for Judgment Notwithstanding the Verdict (JNOV), also known as a judgment as a matter of law or a directed verdict, is a request made by a party in a trial, typically after the jury has rendered its verdict, for the judge to set aside the jury's decision and enter a judgment in favor of the moving party. This motion is filed on the grounds that no reasonable jury could have reached the given verdict based on the evidence presented during the trial. JNOV is a critical mechanism in the legal system for parties to challenge potentially unjust or erroneous jury decisions, ensuring that the verdict aligns with the law and the evidence.

The Court “shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made.” (Code Civ. Proc., § 629(a).) Unlike the standards applicable to a Motion for New Trial, “‘[t]he purpose of a motion for judgment notwithstanding the verdict is not to afford a review of the jury’s deliberation but to prevent a miscarriage of justice in those cases where the verdict rendered is without foundation.’” (Oakland Raiders v. Oakland-Alameda County Coliseum, Inc. (2006) 144 Cal.App.4th…) (continue reading)

“When presented with a motion for judgment notwithstanding the verdict, the trial court must view all of the evidence in a light most favorable to the non-movant, and, in the face of evidence which is at odds or contradictory, all conflicts must be resolved in favor of the party against whom the motion has been made.” (Irven v. Dep't of Health & Rehab. Servs. (2001) 790 So.2d…) (continue reading)

Because the court reviews and grants a motion for judgment notwithstanding the verdict with respect to evidence, the following argument points are necessary for a proper motion: (1) there is a complete absence of evidence of a vital fact; (2) the rules of law or evidence bar the court from giving weight to the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is no more than a scintilla; or… (continue reading)