After the jury’s verdict, a party may ask the trial court to disregard the jury’s findings and grant a motion for judgment notwithstanding the verdict (JNOV). The trial court may grant such a motion for judgment notwithstanding the verdict if the evidence conclusively establishes the moving party’s right to a judgment different than the jury’s findings.
In West Virginia, after a jury has rendered its verdict, a party who is dissatisfied with the outcome may file a motion for judgment notwithstanding the verdict (JNOV), which is also known as a motion for judgment as a matter of law. This legal action requests the trial court to set aside the jury's verdict and enter a different judgment. The grounds for granting a JNOV are that the evidence is so overwhelmingly in favor of the moving party that reasonable jurors could not have arrived at the given verdict. In other words, the court can only grant a JNOV if the evidence presented during the trial conclusively establishes that the moving party is entitled to judgment as a matter of law. This is a high standard to meet, as the court must view the evidence in the light most favorable to the non-moving party, giving them the benefit of all reasonable inferences. If the evidence supports the jury's verdict, the motion for JNOV will be denied. The rules and procedures for filing a JNOV in West Virginia are governed by the West Virginia Rules of Civil Procedure.