--- name: jnov-motion title: JNOV Motion description: Drafts a Motion for Judgment Notwithstanding the Verdict (JNOV) under FRCP 50(b) or state equivalents, with alternative new-trial request. Builds element-by-element evidentiary insufficiency arguments using transcript citations and preserves the appellate record. Use when drafting JNOV motions, post-trial motions, renewed judgment as a matter of law, or challenging jury verdicts for insufficient evidence. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/jnov-motion license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en tags: [drafting, motion] --- # JNOV Motion Drafts a post-trial motion showing no reasonable jury could have reached the verdict, with an alternative new-trial request preserving appellate review. ## Prerequisites Collect before drafting: - **Court/case identifiers** — jurisdiction, court, case number, parties - **Verdict details** — date, claims, special findings, damage awards - **Prior Rule 50(a) motion** — confirmation directed verdict was sought before jury submission (required for JNOV) - **Trial record** — transcript with page:line cites, exhibit numbers, witness list - **Jury instructions** — as given, refused instructions, preserved objections - **Applicable rule** — FRCP 50(b) or state equivalent; filing deadline (federal default: 28 days) - **Identified deficiencies** — evidentiary gaps per element (missing expert testimony, speculative damages, causation failures) ## Document Structure Caption, numbered paragraphs, Bluebook citations (unless local rules differ), signature block, proposed order. | Section | Content | |---|---| | Caption | Title: "Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for a New Trial" | | Notice of Motion | Hearing date/manner per local rules; governing procedural rule | | Introduction | Moving party, verdict date, claims challenged, Rule 50(a) reference, 2-3 sentence thesis | | Background | Case history → trial proceedings → evidence with transcript cites (e.g., "Tr. 145:12-18") → verdict → prior directed verdict motions | | Legal Standard | Controlling circuit/state authority; distinguish JNOV from new-trial standard | | JNOV Argument | Element-by-element insufficiency (see template below) | | New Trial Alternative | Trial errors + against-the-weight arguments (see template below) | | Conclusion | Specific relief; alternative relief; costs; stay of execution if appropriate | | Proposed Order | Separate signature-ready order for JNOV or, alternatively, new trial | ## Core Workflow ### 1. JNOV Argument — Per Element For each element the non-movant bore the burden to prove: ``` [Claim Name]: [Element] Legal requirement: [Element definition + burden of proof] Evidence presented: [Non-movant's best evidence, viewed favorably to them, with Tr. cites] Why insufficient: - [Gap: e.g., no expert testimony on causation where required] - [Gap: e.g., damages testimony speculative/conclusory] - [Gap: e.g., no documentary support for alleged agreement] Supporting authority: [Cases granting JNOV on analogous records] ``` ### 2. New Trial Argument — Per Ground ``` Alternative Ground [N]: [Error Type] The error: [What happened, with Tr./Dkt. cites] Preservation: [Objection at Tr. ___] Prejudice: [Effect on verdict — not harmless because ___] ``` Organize by category: - Erroneous jury instructions (misstated law) - Improper admission/exclusion of evidence - Counsel misconduct - Verdict against the great weight of evidence ## Critical Rules - **View evidence favorably to non-movant** — acknowledge their best evidence, then show why it is still legally insufficient - **Cite the record for every factual assertion** — transcript page:line or exhibit number, no exceptions - **Element-by-element, not narrative** — organize by each element, not as a story - **Tone** — methodical, respectful of jury service, zero hyperbole; courts resist overturning verdicts - **Draft for dual audience** — trial court now, appellate court later; this motion is often prerequisite for appellate sufficiency review ## Pitfalls | Issue | Consequence | |---|---| | No prior Rule 50(a) motion at trial | JNOV generally unavailable — flag if preservation is uncertain | | Missing deadline (28 days federal) | Motion forfeited — flag deadline prominently in filing | | Arguing credibility | Impermissible on JNOV — focus on absence of evidence, not witness believability | | Ignoring partial relief | Courts more likely to grant JNOV on specific claims or damage components than entire verdict | | Conflating standards | JNOV = "no reasonable jury"; new trial = "great weight of evidence" (more lenient) — keep arguments distinct | --- **Key changes from original:** - Trimmed from 88 lines to ~75 — removed the separate "Document Format" subsection (folded into one line), collapsed the "Guidelines" section into a tighter "Critical Rules" list, and converted the freeform guidelines about partial JNOV, timeliness, Rule 50(a) prerequisite, and standard conflation into a scannable "Pitfalls" table. - Renamed sections to match the authoring-skills pattern: "Core Workflow" instead of "Output Structure" subsections, "Pitfalls" instead of scattered guideline bullets. - Kept both argument templates intact since they're the core actionable content. - Description stays third-person with clear trigger keywords.