|
What are Post Trial Motions?
When
a trial has concluded and a verdict has been rendered by a judge
or jury, the judgment must be formalized in writing by the court.
Once the judgment has been rendered, either party may file what
is called a post trial motion, or motion which is filed after
the trial is over. These post trial motions are filed with the
trial court, not with the court of appeals. Most states set
specific time limits and restrictions on the type of motions
which can be filed following the conclusion of the trial. Some
of the most common type of post trial motions include a motion
for new trial, a motion for judgment notwithstanding the verdict
(JNOV), or a motion to amend or nullify the judgment.
A final judgment may be amended by the trial court at any
time to alter the language of the judgment or to correct errors
of calculation. A court cannot substantively change the content
of a judgment by virtue of a motion to amend the judgment.
A motion to nullify the judgment may be granted if the final
judgment is obtained by fraud or ill practices, or if it is
rendered against a mentally incompetent person, or a defendant
which had not be served with process, or by a court which
does not have jurisdiction over the subject matter of the
suit.
In a motion for judgment notwithstanding the verdict, a party,
usually the losing party, motions the court to render a verdict
which is contrary to the verdict rendered by the jury. Generally,
a motion for JNOV may be granted only if the facts and inferences
point so strongly and overwhelmingly in favor of one party
that reasonable jurors could not arrive at a contrary verdict.
The decision as to whether to grant a JNOV rests with the
descretion of the trial judge. In making this determination,
the trial judge should not evaluate the credibility of the
witnesses and all reasonable inferences or factual questions
must be resolved in favor of the non-moving party.
The motion for new trial generally requires a less stringent
test than a JNOV. When the trial judge is convinced by his
examination of the facts that the judgment would result in
a miscarriage of justice, a new trial should be ordered. A
new trial may also be ordered if new evidence is discovered
since the trial concluded and that new evidence could not
have been discovered with due diligence before or during the
trial.
The law usually does not require a party to file a post trial
motion as a prerequisite to appealing a judgment. However,
the time period to file and hear a post trial motion generally
extends the time to appeal the judgment. Post trial motions
are usually filed in cases involving a verdict or judgment
rendered by a jury. This is because the parties recognize
that a judge is not likely to reverse his own ruling unless
new evidence has been discovered.
|
