For example: Example (1): While visiting Barney’s apartment, Alice slips on ice on the path to the building and sustains numerous injuries. Some courts have referred to such verdicts as ‘shocking’ to the court’s conscience. This is the case where the jury’s award is either grossly inadequate or grossly excessive. Because the evidence supporting John’s case is so clear and is great in weight, the court is likely to grant John’s motion.Ģ) The case where the Verdict is Inadequate or Excessive:
#Motion 5 free trial trial
John moves for a new trial based on the ground that the jury’s verdict was against the weight of the evidence. The jury finds that Mark did not run the red light and, therefore, was not negligent. After his testimony, Mark rests his defense. In his only attempt at a defense, Mark testifies that he does not remember if the light was red and that he didn’t think it was red, but he's not sure.
He also presents evidence from five motor vehicle repair shops in the form of documents, all of which state that John’s car is irreparable. John also presents photographs to support his allegation that his car was demolished in the accident. In support of his allegation that Mark did not stop at a red light and collided with John’s car in the middle of an intersection, John presents testimony from 10 witnesses, all of whom state that they witnessed Mark running the red light. John and Mark are involved in an automobile collision during which John sustained numerous injuries. One court has explained that the power to grant a motion for a new trial “is a power to examine a whole case on the law and the evidence, with a view to securing a result, not merely legally, but also manifestly against justice, - a power exercised in pursuance of a sound judicial discretion, without which the jury system would be a capricious and intolerable tyranny, which no people could long endure.” - Aetna Casualty & Surety Co. Following are the various grounds on which a party may rely in seeking a new trial:ġ) The case where the Verdict is Against the Weight of the Evidence:Ī motion for a new trial can be sustained where evidence and testimony presented strongly supports one party, but the judgment is for the other. There are many grounds on which a party may base its motion for a new trial these grounds are not codified, but have been established by the common law. The rules provide for an order granting a new trial, or similar relief, to remedy a situation where the judgment rendered in the case is a miscarriage of justice. A party may move the court for a new trial in particular situations, and it is up to the trial court’s discretion whether to grant the motion. See Federal Rule of Civil Procedure (“FRCP”) 59. The first motion to consider is a motion for a new trial.
These motions are to be differentiated from those made at the close of evidence, which was covered in the earlier chapter on trial practice. Post-trial motions are employed after the jury (or judge, in a bench trial) renders its verdict. It is commonly used to refer to an action that the court takes without any motion by a party. Sua sponte is a Latin phrase meaning “of its own accord” or “on its own”. The moving party the party who makes the motion.
In such a case, the judge plays a dual role – judge and fact-finder.Ī motion is a written or oral request for a presiding court to make a ruling or order on a particular legal issue. Video-Course: Post Judgement Actions - Module 5 of 5Ī bench trial is a case tried before a judge and no jury.
0 kommentar(er)
