A decision by a judge that sets aside a jury’s earlier verdict in the same case based on a finding that the jury’s determination was incorrect as a matter of law.
Reversal of a jury’s verdict by a judge 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 judgement notwithstanding the verdict is occasionally made when a jury refuses to follow a judge’s instruction to arrive at a certain verdict. Incidentally, for those of a scholarly bent, this term has its roots in the Latin “non obstante verdicto,” meaning notwithstanding the verdict.
n. reversal of a jury’s verdict by the trial judge when the judge believes there was no factual basis for the verdict or it was contrary to law. The judge will then enter a different verdict as “a matter of law.” Essentially, the judge should have required a “directed verdict” (instruction to the jury to return with a particular verdict since the facts allowed no other conclusion), and when the jury “went wrong,” the judge uses the power to reverse the verdict instead of approving it, to prevent injustice. This process is commonly called “judgement N.O.V.” or simply “N.O.V.,” for Latin non obstante veredicto.
A judgement notwithstanding the verdict is a rare motion that is used to ask the judge for a judgement that is contrary to the jury’s verdict because the jury’s verdict is deemed unreasonable. This judgement is made after the court decides no reasonable jury could reach the verdict the jury reached. This can occur if the jury did not follow proper instructions and ruled for the opposing party using legally insufficient evidence.
To file this motion, the attorney would have first filed a motion for judgement after all of the evidence had been heard. If this initial motion was filed and the judge allowed the case to go to the jury for a decision but they made a totally unreasonable decision, then the attorney can file a motion for judgement notwithstanding the verdict. If the judge agrees, he will rule on the case.
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This glossary post was last updated: 13th April, 2024.
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