This article or section has multiple issues. Please help improve the article or discuss these issues on the talk page. It does not cite any references or sources. Please help improve it by citing reliable sources. Tagged since March 2007. It may require general cleanup to meet Wikipedia's quality standards. Tagged since August 2008.

This article's factual accuracy is disputed. Please see the relevant discussion on the talk page. (February 2009)

Judgment notwithstanding the verdict, also called judgment non obstante veredicto or JNOV) is a type of judgment as a matter of law (JMOL) that is ordered at the conclusion of a jury trial.

J.N.O.V. is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a verdict notwithstanding the jury findings. This intervention, often requested but rarely granted, permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions.^[1]

Because of the guaranteed right against double jeopardy in United States criminal cases, a judge is not allowed to enter a JNOV of "guilty" following a jury acquittal. However, if the judge grants a motion to set aside judgment after the jury convicts, this may be reversed on appeal by the prosecution, as the verdict was different previously.

A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. For example, if a party enters no evidence on an essential element of their case, and the jury still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.

Reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict, or that the verdict did not correctly apply the law. This procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. In fact, a judgment notwithstanding the verdict is occasionally made when a jury refuses to follow a judge's instruction to arrive at a certain verdict.^[2]

[edit] References

1. ^ Rule 50(b). Federal Rules of Civil Procedure.
2. ^ Rule 50(a). Federal Rules of Civil Procedure.

This article relating to law in the United States, or its constituent jurisdictions is a stub. You can help Wikipedia by expanding it. v • d • e