English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

under what circumstances does a party waive the right to appeal by failing to make a motion for directed verdicts

2006-09-05 11:30:35 · 3 answers · asked by denglandone 1 in Politics & Government Law & Ethics

3 answers

A party doesn't waive the right to appeal by failing to move for a directed verdict, but it loses the right to appeal the judge's denial of a directed verdict, in that it never asked the judge to do so. It still has all of its other grounds for appeal. Many of the same issues that would underlie a motion for directed verdict may be raised in other ways.

2006-09-05 11:37:58 · answer #1 · answered by Anonymous · 1 0

If a motion for a directed verdict is not made in a timely manner, it is waived. Generally, a motion for JNOV -- judgment notwithstanding the verdict -- is treated as a renewed motion for a directed verdict.

And there must have been an earlier motion for a directed verdict for the renewed motion to be heard. That would happen either at the close of the case in chief (for the defendant as moving party) or at the close of all evidence (for either party). Then, the JNOV is raised after the verdict, usually within a week to 10 days.

But failure to move for a directed verdict in a timely manner only waives the right for the directed verdict. It doesn't waive the rights for any other appeal based on structural or procedural errors during the trial itself.

2006-09-05 18:33:46 · answer #2 · answered by coragryph 7 · 0 0

I guess in MD, these are called summary judgments.

I think there is a time frame to file an appeal from a summary judgment. The party has a certain time period from the decision for summary judgment before filing for appeal.

2006-09-05 18:36:20 · answer #3 · answered by Anonymous · 0 0

fedest.com, questions and answers