JUDGMENT NOTWITHSTANDING THE VERDICT
A judgment entered by the court in favor of one party even though the jury returned a verdict for the opposing party.
The phrase “judgment notwithstanding the
verdict” is abbreviated JNOV, which stands for
its Latin equivalent, judgment “non obstante
veredicto.” The remedy of JNOV applies only in
cases decided by a jury. Originally this remedy
could be entered only in favor of the plaintiff,
and the similar remedy of arrest of judgment
could be entered only in favor of the defendant.
Under modern law a JNOV is generally available
to both plaintiffs and defendants, and an arrest
of judgment is primarily used with judgments in
criminal cases.A JNOV is proper when the court
finds that the party bearing the BURDEN OF
PROOF fails to make out a PRIMA FACIE case (a
case that on first appearance will prevail unless
contradicted by evidence).
To be granted relief by a JNOV, a party must
make a motion seeking that relief. The motion
generally must be made in writing and must set
