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

Last Updated Feb 2, 2025

A directed verdict occurs when a judge decides the outcome of a case without allowing the jury to deliberate, usually because the evidence overwhelmingly supports one side. This legal decision aims to prevent unnecessary jury consideration when no reasonable jury could find otherwise. Discover how a directed verdict might impact your case in the detailed article ahead.

Table of Comparison

Aspect Directed Verdict Judgment Notwithstanding the Verdict (JNOV)
Definition Judge's ruling to decide the case before jury verdict. Judge overturns jury verdict after it is rendered.
Timing Requested after plaintiff/defendant rests but before jury deliberation. Filed after jury verdict but before final judgment.
Purpose To prevent jury from deciding when evidence is legally insufficient. To correct jury verdict if no reasonable jury could reach that verdict.
Legal Standard Evidence viewed in light most favorable to opposing party. Verdict unreasonable or erroneous as matter of law.
Motion Made By Typically party who believes evidence lacks merit. Party dissatisfied with jury verdict.
Appeal Impact Often preserved issues for appeal on sufficiency of evidence. Judgment can be reversed if appellate court finds error.
Common Usage Civil trials with jury when evidence is weak. After jury verdict to challenge its legal correctness.

Introduction to Directed Verdict and Judgment Notwithstanding the Verdict

A directed verdict occurs when a judge takes the decision out of the jury's hands because the evidence presented is legally insufficient to support a reasonable jury verdict for the opposing party. Judgment Notwithstanding the Verdict (JNOV) is a post-trial motion in which the judge reverses the jury's verdict if it is found to be against the weight of the evidence or legally erroneous. Both legal tools serve to correct or prevent unjust outcomes when evidence or legal standards have not been properly applied during trial.

Definition of Directed Verdict

A directed verdict occurs when the judge removes the decision-making responsibility from the jury due to insufficient evidence to support a reasonable verdict for the opposing party. This legal ruling is requested during a trial, typically after the plaintiff or defendant has presented their case, to argue that no rational jury could find in favor of the other side based on the evidence. Directed verdicts aim to prevent unjust jury decisions when the evidence clearly favors one party.

Definition of Judgment Notwithstanding the Verdict (JNOV)

Judgment Notwithstanding the Verdict (JNOV) is a legal ruling granted by a judge when the jury's verdict lacks sufficient evidence to support the decision. This post-trial motion essentially overturns the jury's verdict, allowing the judge to enter a different judgment in favor of one party. JNOV differs from a directed verdict, which is decided by the judge before the case is submitted to the jury.

Key Differences Between Directed Verdict and JNOV

A directed verdict occurs when a judge instructs the jury to decide in favor of one party because the opposing party has insufficient evidence to support their claim, effectively removing the case from the jury's consideration. Judgment Notwithstanding the Verdict (JNOV) is a post-trial motion where the judge overturns the jury's verdict because the evidence legally does not support the jury's decision. Key differences include timing, with directed verdicts happening before jury deliberation and JNOVs occurring after the verdict, and the fact that directed verdicts prevent jury decisions, whereas JNOVs reverse them.

Legal Standards for Granting a Directed Verdict

A directed verdict is granted when the judge determines that no reasonable jury could find for the opposing party based on the evidence presented, effectively removing the case from the jury's consideration. This legal standard requires the movant to show that the evidence overwhelmingly supports one side, rendering any contrary verdict legally insufficient. In contrast, a judgment notwithstanding the verdict (JNOV) is issued post-trial, allowing the court to overturn a jury's decision if it finds that the verdict lacks legal foundation under the same evidentiary scrutiny applied for directed verdicts.

Legal Standards for Granting a JNOV

The legal standard for granting a Judgment Notwithstanding the Verdict (JNOV) requires the court to find that no reasonable jury could have reached the given verdict based on the evidence presented. Unlike a directed verdict, which is granted during trial before the case is submitted to the jury, JNOV is considered post-verdict and demands clear evidence that the jury's decision was legally unsupported. Courts apply a stringent standard, viewing the evidence in the light most favorable to the non-moving party to determine if the verdict lacks a legally sufficient evidentiary basis.

Timing and Procedure in Requesting Directed Verdict vs JNOV

A Directed Verdict is requested during trial, typically after the opposing party has presented sufficient evidence, allowing the judge to decide without submitting the case to the jury. Judgment Notwithstanding the Verdict (JNOV) is filed post-trial, after the jury has reached a verdict, challenging the legal sufficiency of the jury's decision. The procedural timing distinguishes these motions: Directed Verdict motions occur before jury deliberation, while JNOV motions seek to overturn the jury's verdict after the trial concludes.

Practical Implications in Courtroom Strategy

Directed verdicts enable a party to request the judge to decide the case without going to the jury, typically when evidence overwhelmingly favors one side, streamlining courtroom proceedings and reducing trial duration. Judgment notwithstanding the verdict (JNOV) allows a party to challenge the jury's decision post-verdict, seeking a reversal based on insufficient evidence to support the jury's findings, which requires a nuanced understanding of appellate standards and timing. Effective courtroom strategy involves recognizing when to pursue a directed verdict to avoid unnecessary deliberation and when to file a JNOV motion to correct perceived jury errors, balancing immediate trial control with potential post-trial remedies.

Notable Case Examples Involving Directed Verdict and JNOV

In the landmark case Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), the U.S. Supreme Court clarified standards for granting directed verdicts, emphasizing the necessity of viewing evidence in the light most favorable to the non-moving party. Another critical case, Gasperini v. Center for Humanities, Inc., 518 U.S. 415 (1996), demonstrated application of Judgment Notwithstanding the Verdict (JNOV) by addressing conflicts between state and federal standards for reviewing jury verdicts. These cases highlight the judicial balance courts must maintain when overturning jury decisions through directed verdicts or JNOV motions.

Conclusion: Choosing the Right Motion in Civil and Criminal Trials

Selecting between a Directed Verdict and a Judgment Notwithstanding the Verdict depends on the timing and grounds of the motion in civil and criminal trials. A Directed Verdict is requested before the case goes to the jury, arguing no reasonable jury could find for the opposing party, while a Judgment Notwithstanding the Verdict challenges the jury's decision after a verdict, asserting it contradicts the weight of the evidence. Understanding procedural rules and evidentiary standards is crucial for effectively applying these motions to secure favorable outcomes.

Directed Verdict Infographic

Judgment Notwithstanding the Verdict vs Directed 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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