When is a motion for a judgment NOV granted?
A)after the plaintiff has presented its case
B)when the weight of the evidence is contrary to the jury's verdict
C)when the pleadings of the plaintiff are insufficient to state a cause of action
D)none of the above

Question

Quizplus · Accepted Answer

A motion for a judgment NOV (notwithstanding the verdict) is granted when the jury's verdict is contrary to the weight of the evidence presented in the case. This means that the evidence presented did not support the verdict rendered by the jury. Therefore, option B is the correct choice. Option A is incorrect because a motion for a judgment NOV can be made by either party after the opposing party has presented their case. Option C is incorrect because a motion to dismiss for failure to state a cause of action is different from a motion for a judgment NOV. Option D is also incorrect because there is a situation where a motion for a judgment NOV can be granted, which is as explained in option B.

When Is a Motion for a Judgment NOV Granted