Search Court Judgments
Table of Contents
Judgment Notwithstanding the Verdict (JNOV): What It Is and How It Works in Civil Cases
Table of Contents
In civil litigation, the jury usually has the final word. However, Judgment Notwithstanding the Verdict (JNOV) acts as a rare legal "safety valve." It allows a judge to overrule a jury's decision if the verdict is found to be legally or factually unsupportable. So, let’s see what exactly JNOV is and how it works.
What Is a Judgment Notwithstanding the Verdict?
A Judgment Notwithstanding the Verdict (JNOV) is a formal request for the judge to enter a judgment that is contrary to the jury's verdict. In simpler terms, even though the jury says "Party A wins," the judge steps in and rules that "Party B wins" based on the law.
The term comes from the Latin non obstante veredicto. It is not used because a judge simply disagrees with the jury’s choice; it is used when the jury’s decision is legally impossible based on the evidence provided during the trial.
4 Common Types of Civil Judgments
A "judgment" is the court’s official final word on a dispute. Depending on when and why the case ends, it usually falls into one of these four categories:
Summary Judgment: The judge decides the winner before the trial even starts because the facts are so clear that a jury isn't needed.
Judgment Notwithstanding the Verdict (JNOV): A post-trial reversal where the judge tosses out the jury's verdict because it lacks a legal basis.
Consent Judgment: A "peace treaty" or settlement where both parties agree on the outcome, and the judge signs it to make it legally binding.
Default Judgment: An automatic win for the plaintiff that occurs if the defendant fails to respond to the lawsuit or show up to court.
When Can a Judge Issue a Judgment Notwithstanding the Verdict?
A judge cannot simply grant a JNOV because they disagree with the jury or would have personally decided the case differently. There are strict legal "triggers" for this action:
Lack of Substantial Evidence: If the winning side failed to provide enough evidence to support an essential part of their claim.
Legal Impossibility: If the jury’s verdict contradicts established law (e.g., awarding damages for something the law specifically prohibits).
The "Reasonable Person" Test: The judge must determine that no "reasonable jury" could have possibly reached that verdict given the facts presented during the trial.
How Judgment Notwithstanding the Verdict Works
The process of obtaining a JNOV is a specific post-trial maneuver. It follows a strict chronological order to ensure the judge isn't overstepping their bounds:
1. The Directed Verdict Motion
In most jurisdictions, a party cannot ask for a JNOV unless they first asked for a Directed Verdict (or "Judgment as a Matter of Law") during the trial. This tells the judge early on that the evidence is insufficient.
2. The Jury Deliberates
If the judge denies the initial motion for a directed verdict, the case goes to the jury. The jury then reaches its decision and delivers a verdict in open court.
3. Filing the JNOV Motion
After the jury delivers a verdict they believe is legally flawed, the losing party files a formal Motion for JNOV. This must be done within a very tight deadline—often only a few days or weeks after the trial ends.
4. The Judge’s Review
The judge reviews the trial record. They must view all evidence in the light most favorable to the party that won the jury's verdict. If, even after giving the winner every benefit of the doubt, the judge finds the verdict is legally "hollow," they will grant the JNOV.
5. The Outcome
If Granted: The jury's verdict is set aside, and a new judgment is entered for the moving party.
If Denied:The jury's verdict stands, and the losing party’s next step is usually a formal appeal to a higher court.