Additur vs Judgment Notwithstanding the Verdict in Law - What is The Difference?

Last Updated Feb 2, 2025

Judgment Notwithstanding the Verdict occurs when a judge overrules the jury's decision if the verdict lacks sufficient legal support or is against the weight of evidence. This legal remedy ensures that justice prevails despite jury error or misinterpretation of facts. Discover how this important judicial tool can affect Your case outcomes by exploring the full article.

Table of Comparison

Aspect Judgment Notwithstanding the Verdict (JNOV) Additur
Definition Judge overturns jury's verdict due to legal insufficiency Judge increases a jury's damages award to avoid a new trial
Purpose Correct erroneous jury decision on facts or law Remedy inadequate damages without retrial
Application Post-verdict judgment entered when evidence legally insufficient Usually in civil cases involving monetary awards
Jurisdiction Widely recognized in U.S. federal and state courts Permitted mainly in state courts; often prohibited in federal court
Effect Replaces jury verdict with judge's decision Adjusts damages amount without disturbing liability finding
Legal Basis Rule 50(b) of Federal Rules of Civil Procedure Varies by jurisdiction; no federal rule permits additur
Common Usage Used to override jury verdicts where no reasonable jury could find for verdict Used when jury award is unreasonably low

Introduction to Post-Trial Motions

Judgment Notwithstanding the Verdict (JNOV) challenges the sufficiency of evidence supporting a jury's decision, requesting the court to overturn the verdict in favor of the moving party. Additur permits a judge to increase the damages awarded by a jury when the verdict is deemed unreasonably low, primarily in state courts within the United States. Both JNOV and additur serve as critical post-trial motions that enable courts to review and potentially modify jury verdicts to ensure justice and legal correctness.

Definition of Judgment Notwithstanding the Verdict (JNOV)

Judgment Notwithstanding the Verdict (JNOV) is a legal motion filed by a party requesting the court to overturn the jury's verdict on the grounds that no reasonable jury could have reached such a decision based on the evidence presented. This remedy allows the judge to reverse or modify the jury's findings when the verdict contradicts the law or lacks sufficient evidentiary support. JNOV is primarily used to correct verdicts that are deemed legally erroneous without ordering a new trial.

Understanding Additur in Civil Cases

Additur is a procedural device in civil cases where the judge increases the amount of damages awarded by the jury without ordering a new trial. Unlike Judgment Notwithstanding the Verdict (JNOV), which allows the judge to override the jury's verdict in favor of one party, additur enhances the damages to avoid inadequate compensation. Predominantly used in U.S. civil litigation, additur promotes judicial efficiency by resolving disputes over inadequate jury awards without relitigating the entire claim.

Key Differences Between JNOV and Additur

Judgment Notwithstanding the Verdict (JNOV) allows a judge to overturn a jury's verdict when the evidence overwhelmingly contradicts the jury's decision, effectively substituting the judge's judgment for that of the jury. Additur permits a trial judge to increase the amount of damages awarded by a jury when the verdict is considered unreasonably low, without ordering a new trial. The key difference lies in JNOV's power to reverse a verdict entirely due to lack of legal support, while additur modifies monetary awards to correct inadequate compensation.

Legal Standards for Granting JNOV

Judgment Notwithstanding the Verdict (JNOV) is granted when the evidence, viewed in the light most favorable to the non-moving party, cannot reasonably support the jury's verdict, underscoring legal error or lack of sufficient evidence. Courts applying JNOV scrutinize whether any rational jury could have arrived at the given conclusion under prevailing substantive law and evidentiary standards. In contrast, additur involves a judicial increase of damages awarded by a jury and is permissible in some jurisdictions where the award is deemed inadequate as a matter of law, but JNOV specifically addresses the reversal or alteration of verdicts based on legal insufficiency rather than damages adjustment.

Criteria and Process for Additur

Additur occurs when a judge increases a jury's damages award if it is deemed unreasonably low based on the evidence presented, a practice allowed mainly in federal courts and some states like California and New York. The criteria for additur require a demonstration that the jury's verdict is inadequate to compensate for the proven harm or losses, failing to reflect the comprehensive facts and damages established during the trial. The process involves the judge proposing an enhanced monetary award to the prevailing party, who must then accept the increase or face a new trial on damages, serving as an alternative to Judgment Notwithstanding the Verdict (JNOV), which overturns verdicts based on legal insufficiency rather than damage sufficiency.

Historical Development of JNOV and Additur

Judgment Notwithstanding the Verdict (JNOV) originated in English common law as a mechanism allowing judges to override a jury's verdict when it was deemed unreasonable or unsupported by evidence, evolving in the United States during the 19th century to prevent miscarriages of justice. Additur, although less common in federal courts, emerged historically in state courts to permit judges to increase damages awarded by a jury without ordering a new trial, reflecting a judicial effort to correct inadequate verdicts efficiently. Both doctrines underscore the judiciary's evolving role in balancing jury discretion with legal correctness, shaped by differing historical acceptance and application across jurisdictions.

Jurisdictional Variations and Limitations

Judgment Notwithstanding the Verdict (JNOV) is primarily permitted in federal courts and many state courts but is subject to strict jurisdictional limitations, often requiring that the verdict be clearly unsupported by evidence. Additur, which allows a judge to increase a jury's damages award, is prohibited in federal courts under the Seventh Amendment but accepted in several state jurisdictions as a mechanism to avoid costly retrials. These jurisdictional variations reflect differing approaches to judicial authority in modifying jury decisions and the balance between upholding jury verdicts and ensuring just outcomes.

Impact on Plaintiffs and Defendants

Judgment Notwithstanding the Verdict (JNOV) allows a judge to overturn a jury's verdict when legally insufficient evidence supports the decision, often benefiting defendants by potentially nullifying plaintiff victories. Additur permits a judge to increase the damages awarded by a jury, primarily favoring plaintiffs by enhancing compensation without a new trial. Both legal mechanisms impact the balance of power in civil litigation, shaping the final outcomes and strategic approaches for plaintiffs and defendants.

Conclusion: Strategic Considerations in Post-Trial Motions

Judgment Notwithstanding the Verdict (JNOV) allows a judge to overrule a jury's decision when the evidence overwhelmingly contradicts the verdict, emphasizing judicial oversight in ensuring legal correctness. Additur, predominantly permitted in certain jurisdictions, enables courts to increase damages awarded by a jury, balancing fairness in remedy with the risk of infringing on the jury's role. Strategic considerations in post-trial motions hinge on jurisdictional acceptance, evidentiary support, and the potential impact on appellate review, guiding litigators in selecting the most effective motion to challenge or modify jury outcomes.

Judgment Notwithstanding the Verdict Infographic

Additur vs Judgment Notwithstanding the Verdict in Law - What is The Difference?


About the author. JK Torgesen is a seasoned author renowned for distilling complex and trending concepts into clear, accessible language for readers of all backgrounds. With years of experience as a writer and educator, Torgesen has developed a reputation for making challenging topics understandable and engaging.

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