The term "non obstante veredicto," often abbreviated as N.O.V., is a legal judgment that overrides a jury's verdict. It occurs when a judge determines that the jury's decision lacks sufficient factual support or is contrary to the law. Essentially, this means that despite the jury's ruling, the judge believes the outcome is unjust or legally flawed, leading to a judgment in favor of one party.
N.O.V. judgments are primarily used in civil law cases, although they can also appear in criminal cases under specific circumstances. Legal practitioners may request a judgment N.O.V. after a jury trial if they believe the evidence presented does not support the jury's findings. This term is relevant in various legal areas, including personal injury, contract disputes, and property law. Users can manage some aspects of this process using legal templates provided by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: In a personal injury case, a jury awards the plaintiff $100,000. However, the judge finds that the evidence presented did not support the claim that the defendant was liable. The judge then issues a judgment N.O.V. in favor of the defendant.
Example 2: A jury rules in favor of a contractor in a breach of contract case. The judge reviews the evidence and determines that the contract terms were not met, leading to a judgment N.O.V. for the plaintiff. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Judgments N.O.V. are common in civil cases and have specific procedural rules. |
| New York | Judgments N.O.V. can be requested in both civil and criminal cases under strict guidelines. |
| Texas | Texas law requires a motion for judgment N.O.V. to be filed within a specific timeframe after the verdict. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Judgment N.O.V. | A judgment that overturns a jury's verdict. | Focuses on legal and factual support of the jury's decision. |
| Motion for Directed Verdict | A request to rule in favor of one party before the jury deliberates. | Made during the trial, rather than after the verdict. |
| Appeal | A request to a higher court to review a lower court's decision. | Involves a review of the trial process, not just the verdict's validity. |
If you believe a judgment N.O.V. may apply to your case, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by attorney and case complexity. |
| Jurisdiction | Applicable in state and federal courts. |
| Possible Outcomes | Judgment in favor of the moving party or upholding the jury's verdict. |
N.O.V. stands for "non obstante veredicto," a Latin term meaning "notwithstanding the verdict."