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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Judgment Non Obstante Veredicto
This Motion for Judgment Non Obstante Veredicto is brought by [name of movant], [party designation], who shows in support:
1.The Court submitted this case to the jury on questions, and the jury returned its findings on those questions. The jury’s findings were received by the Court and filed and entered in the minutes of the Court. The questions submitted to the jury and the findings on those questions are incorporated in this motion as if recited verbatim. The Court erred in submitting the case to the jury because no material issue of fact was raised by the evidence and a directed verdict for [name of movant] would have been proper on the grounds stated below.
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Include the following if legal insufficiency of evidence is a ground. |
2.The Court should enter judgment for [name of movant] notwithstanding the verdict because [specify reason, e.g., the evidence proves conclusively as a matter of law that [name of movant] is entitled to judgment as a matter of law/there is no evidence that [specify essential element]].
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Include the following if immaterial issue is a ground. |
3.The Court should enter judgment for [name of movant] notwithstanding the verdict because [specify, e.g., the evidence conclusively proves as a matter of law that [state ultimate issue] and the answer to Question [number] is immaterial to any ground of recovery or defense raised by the pleadings and evidence]. Therefore, a directed verdict for [name of movant] would have been proper [include if appropriate: and should have been granted].
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Continue with the following. |
[Name of movant] prays that the Court grant the Motion for Judgment Non Obstante Veredicto, that [specify relief], and for general relief.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]