Land Mine #5: Directed Verdict

Land Mine #5: Directed Verdict

To challenge the sufficiency of the evidence to go to the jury, a motion for a directed verdict must be made at the close of the plaintiff’s case and renewed at the close of the evidence. Like evidentiary objections, motions for directed verdict must state specific grounds, and only those grounds will be considered on appeal.

After moving for a directed verdict, the movant should also move for judgment in accordance with the motion for directed verdict if he or she wishes to appeal the denial of the directed verdict or the sufficiency of the evidence. The motion for judgment in accordance with the motion for directed verdict may be joined with the motion for new trial.

A party who fails to move for directed verdict at trial waives any right to later request a judgment notwithstanding the verdict.

If the defendant was entitled to a directed verdict at the close of the plaintiff’s case, but the trial court denied it, any deficiencies that existed in the plaintiff’s case may be cured by evidence admitted in the defendant’s case because the trial court’s ruling on a directed verdict motion at the end of the case is based on all of the evidence.

Next week we will focus on Land Mine #6: Mistrial