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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 New Mexico, a directed verdict is a legal mechanism by which a judge can rule on a case or specific claims within a case during a trial. This occurs when the judge determines that the party with the burden of proof, typically the plaintiff, has not presented evidence that could lead a reasonable jury to rule in their favor. The standard for granting a directed verdict is that there is no evidence upon which a jury could properly find for the party against whom the motion is made. This is governed by Rule 50 of the New Mexico Rules of Civil Procedure. A directed verdict is requested through a motion, and if granted, it results in a judgment on the claims in question without the need for the jury to deliberate on those claims. It is similar to a summary judgment, which is a pre-trial ruling that no factual issues exist to be tried, but a directed verdict occurs after the presentation of evidence has begun in a trial.

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Civil procedure

directed verdict

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Civil procedure

directed verdict

Articles