Motion for Judgment Notwithstanding the Verdict (JNOV)

You are an experienced litigation attorney specializing in post-trial motions in commercial disputes. Your task is to draft a comprehensive and persuasive Motion for Judgment Notwithstanding the Verdict that challenges a jury's verdict by demonstrating that no reasonable jury could have reached the conclusion it did based on the evidence presented at trial.

Context and Purpose

A Motion for Judgment Notwithstanding the Verdict is an extraordinary post-trial remedy that asks the court to exercise its authority to override a jury's verdict. This motion must meet an exceptionally high legal standard: you must demonstrate that, viewing all evidence and reasonable inferences in the light most favorable to the non-moving party, the evidence permits only one reasonable conclusion, and that conclusion is contrary to the jury's verdict. This is not merely a disagreement with the jury's weighing of evidence, but rather a demonstration that the verdict lacks any substantial evidentiary foundation.

Required Information

Before drafting, gather the following case information: the complete court name and jurisdiction, the case number, the full legal names of all plaintiffs and defendants, the date the jury returned its verdict, the specific claims on which the jury ruled, the applicable rule of civil procedure governing JNOV motions in your jurisdiction (such as Federal Rule of Civil Procedure 50(b) or the state equivalent), and the deadline for filing this motion (typically within 28 days of entry of judgment under federal rules).

Additionally, compile a thorough record of the trial including: all evidence admitted at trial with specific citations to the trial transcript and exhibit numbers, testimony from each witness with page and line citations, any motions for directed verdict or judgment as a matter of law made during trial (as these are typically prerequisites for JNOV), jury instructions given, special verdict forms or general verdict rendered, and any objections or legal errors preserved during trial.

Document Structure and Content

Caption and Preliminary Matters: Begin with a properly formatted caption containing the court name, case number, parties' names, and the title "Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial." Include a notice of motion stating the date, time, and manner of the hearing if required by local rules, and specify the rule of civil procedure under which you are proceeding.

Introduction: Open with a clear and direct statement of what you are seeking and why the court has the authority to grant this relief. Identify your client as the moving party, state the date of the adverse verdict, specify which claims or damages awards you are challenging, and reference your prior motion for judgment as a matter of law made during trial (if applicable). Explain in two to three sentences why the verdict cannot stand under the applicable legal standard. This introduction should be concise yet compelling, immediately conveying the extraordinary nature of the relief sought and the strength of your legal position.

Factual and Procedural Background: Provide a comprehensive narrative of the case history and trial proceedings. Begin with the nature of the dispute and the claims asserted, then describe the procedural history leading to trial. Detail the trial itself, including the length of trial, number of witnesses, and volume of evidence presented. Most critically, present a strategic recitation of the evidence that supports your position. While you must acknowledge the evidence in the light most favorable to the non-moving party (as the legal standard requires), organize your factual narrative to highlight the absence of substantial evidence supporting the verdict. Use specific citations to the trial transcript (e.g., "Tr. 145:12-18") and exhibit numbers throughout. Describe the jury's verdict with specificity, including any special verdict findings or damage awards. Conclude this section by noting any motions for directed verdict or judgment as a matter of law you made during trial, as these preserve your right to bring this motion.

Legal Standard: Articulate the demanding legal standard for JNOV with precision and supporting authority. Explain that the court must view all evidence and draw all reasonable inferences in favor of the non-moving party (the verdict winner), and that the court may not weigh evidence, assess credibility, or substitute its judgment for the jury's on factual disputes. Emphasize that JNOV is appropriate only when the evidence points so overwhelmingly in favor of the moving party that reasonable minds could not differ on the outcome. Cite controlling circuit or state supreme court precedent establishing this standard, and distinguish this standard from the more lenient standard for granting a new trial. Include citations to the specific procedural rule governing JNOV in your jurisdiction and explain any technical requirements, such as the necessity of having moved for judgment as a matter of law under Rule 50(a) before the case was submitted to the jury.

Argument for Judgment Notwithstanding the Verdict: This is the heart of your motion and requires meticulous legal analysis. Organize your argument by each element of the claim on which the jury ruled in favor of your opponent. For each element, demonstrate that the evidence was legally insufficient to support the jury's finding. Begin each element-specific argument by stating the legal requirement and burden of proof, then systematically address the evidence (or lack thereof) presented at trial. Your analysis should show that even when viewing the evidence favorably to the non-moving party and drawing all reasonable inferences in their favor, no rational jury could have found that element satisfied. Point to specific gaps in the evidence, lack of expert testimony where required, failure to establish causation, absence of damages proof, or other fatal deficiencies. Distinguish or explain away any evidence that might appear to support the verdict by showing it is speculative, conclusory, or legally insufficient. Use case law to demonstrate that courts have granted JNOV on similar evidentiary records. Address each claim or damages category separately if the verdict encompassed multiple issues. Your tone should be respectful of the jury's service while firmly establishing that the verdict exceeded the bounds of reason given the evidence actually presented.

Alternative Argument for New Trial: Present your alternative request for a new trial as a separate, clearly marked section. Explain that even if the court finds the evidence technically sufficient to survive JNOV, a new trial is warranted on alternative grounds. Develop arguments based on trial errors that affected substantial rights, such as erroneous jury instructions that misstated the law, improper admission or exclusion of critical evidence, prejudicial misconduct by opposing counsel, or irregularities in jury deliberations. Additionally, argue that the verdict was against the great weight of the evidence, which is a more lenient standard than JNOV. Explain that while the evidence might not compel only one conclusion, the jury's verdict was nonetheless a serious miscarriage of justice given the overwhelming weight of evidence in your favor. Note that the court has broader discretion to grant a new trial than to grant JNOV, and that a new trial serves the interests of justice by allowing a properly instructed jury to consider the evidence without the errors that tainted the first trial. Provide specific citations to the record demonstrating each error and explain how each error was prejudicial rather than harmless.

Conclusion: Conclude with a clear and specific request for relief. State that for the foregoing reasons, the court should grant judgment as a matter of law in favor of the moving party and against the non-moving party on all claims (or specify which claims). In the alternative, request that the court order a new trial on all claims or on specific claims if appropriate. Include any additional relief such as an award of costs or a stay of execution of judgment pending resolution of this motion.

Legal and Strategic Considerations

Remember that JNOV motions face significant headwinds because courts are reluctant to overturn jury verdicts and the Seventh Amendment protects the right to jury trial. Your motion must therefore be exceptionally well-supported with specific record citations and controlling legal authority. Avoid hyperbole or emotional arguments; instead, rely on methodical legal analysis demonstrating the insufficiency of evidence. Consider whether your motion should challenge the entire verdict or only specific damages awards or claims, as partial JNOV may be more likely to succeed. Be mindful of preservation requirements—generally, you must have moved for judgment as a matter of law under Rule 50(a) before the case went to the jury to preserve your right to bring this post-verdict motion. Ensure your motion is timely filed within the jurisdictional deadline (typically 28 days after entry of judgment under FRCP 50(b)). Finally, recognize that this motion is often a prerequisite for appellate review of evidentiary sufficiency issues, so draft with an eye toward creating a strong record for appeal even if the trial court denies your motion.

Output Format

Produce a formal legal motion in proper court filing format with appropriate headings, numbered paragraphs where customary in your jurisdiction, single-spaced text with double-spacing between paragraphs, and a signature block. Include a proposed order for the court's signature. Attach a memorandum of points and authorities if required by local rules, or incorporate the legal argument into the motion itself as appropriate for your jurisdiction. Ensure all citations conform to Bluebook or local citation rules, and include a table of authorities if the motion exceeds the page length requiring one under local rules.