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Civil procedure

directed verdict

A directed verdict is a procedure used by judges during trial to dismiss one or more claims when the party with the burden of proof (plaintiff) has failed to introduce evidence that is sufficient for a reasonable jury to find in favor of the party with the burden of proof. A directed verdict is like a summary judgment, but happens during trial rather than before trial.

In Delaware, a directed verdict is a legal mechanism that a judge can use during a trial when the judge determines that the party with the burden of proof, typically the plaintiff, has not presented evidence that could reasonably support a verdict in their favor. This procedure is governed by Delaware's Rules of Civil Procedure, specifically Rule 50. After the plaintiff has presented all their evidence, the defendant can move for a directed verdict. If the motion is granted, the case is decided without sending it to the jury for deliberation. This is different from a summary judgment, which is decided before the trial begins and is based on the argument that there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. A directed verdict, on the other hand, occurs after the trial has started and is based on the insufficiency of the plaintiff's evidence presented during the trial.

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Civil procedure

directed verdict

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Civil procedure

directed verdict

Articles