List and define the posttrial motions that are used

Question

Explain when each posttrial motion
would be used.

Answer 1

The posttrial motions that are available include:

Motion for judgment notwithstanding the verdictâ€"This motion requests that the court grant judgment in favor of the party making the motion on the ground that the jury verdict against him was unreasonable or erroneous. A prerequisite to a motion for a judgment notwithstanding the verdict is that a directed verdict motion must have been made and denied during trial. This motion may be made if an attorney believes that a verdict rendered against her client is not supported by the evidence. (In the federal courts, this motion is called a motion for judgment as a matter of law.)

Motion for a new trialâ€"This is a motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is needed to prevent a miscarriage of justice. Because such a motion reflects adversely on the way in which the judge conducted the trial, it should be filed only if the attorney truly believes that a miscarriage of justice will otherwise result. For a motion for a new trial to have a reasonable chance of being granted, the motion must allege such serious problems as jury misconduct, prejudicial jury instructions, excessive or inadequate damages, or the existence of newly discovered evidence.