Also known as:NOV · J.N.O.V. · JNOV · non obstante veredicto · judgment notwithstanding the verdict
Written by attorneys · grounded in primary & secondary sources — see below
A judgment entered by the court in favor of one party after a jury verdict for the opposing party. The court grants the judgment when the evidence is legally insufficient to support the verdict.
Sources & Authorities· 8 primary sources
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Federal Rules
Dictionaries
How it applies
Common Examples
6
Testimony Without Personal Knowledge
Nia Nkosi testifies about events at a warehouse she never visited. After the jury returns a verdict against Nobel Dynamics, the company moves for judgment n.o.v. The court grants the motion because no evidence established that the witness had personal knowledge of the facts.
Privilege Claim on Cross-Examination
Naomi Norton testifies for National Trust. After the jury returns an adverse verdict, the company moves for judgment n.o.v. The court grants the motion because the record contains no admissible evidence sufficient to support the verdict once the privilege assertion is accounted for.
Punitive Damages Verdict Overturned
Nicholas Nunez sues State Farm after a car accident and wins punitive damages. The insurer moves for judgment n.o.v. The court grants the motion because the record contains no evidence sufficient to support the amount awarded.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Viewpoint Discrimination Claim
Nalini Narula sues the University of Virginia after her publication is denied funding. The jury finds for the university. The court enters judgment n.o.v. for Narula because the record contains no evidence sufficient to support the verdict under controlling constitutional standards.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Company Town Free Speech Ruling
Nina Nielsen distributes religious literature in a company-owned town and is convicted. After the jury verdict, the court grants judgment n.o.v. because the record contains no evidence sufficient to support the conviction under controlling constitutional standards.
Marsh v. Alabama326 U.S. 501 (1946)
Right to Jury Trial Denied
Natasha Nielsen is tried without a jury for a serious offense. After conviction, the court enters judgment n.o.v. because the record contains no evidence sufficient to support the verdict under controlling constitutional standards.
Duncan v. Louisiana391 U.S. 145, 166 (1968)
Common questions
Frequently Asked
3
When may a court properly grant judgment n.o.v.?+
A court may grant judgment n.o.v. when the evidence presented at trial is legally insufficient to support the jury's verdict.
Does a witness's lack of personal knowledge support judgment n.o.v.?+
Yes. If a verdict rests on testimony that fails to meet the personal knowledge requirement, the court may set the verdict aside through judgment n.o.v.
Can a privilege assertion during cross-examination lead to judgment n.o.v.?+
Yes. When a witness's invocation of privilege prevents proper testing of credibility on character for truthfulness, the resulting verdict may be set aside by judgment n.o.v.