This sample motion for judgment notwithstanding the verdict (JNOV) for California is made under Code of Civil Procedure section 629 on the grounds that no substantial evidence supports the jury’s verdict. The sample on which this preview is based is 11 pages and contains a memorandum of points and authorities with citations to case law and statutory authority, a proposed order and proof of service by mail.

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Any Attorney or Party
Any Street
Any Town, CA 55555
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714-555-5555
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Any Attorney or Party
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Superior Court of the State of California
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For the County of _________________
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Any Plaintiff,
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Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION FOR
JUDGMENT NOTWITHSTANDING THE
VERDICT; MEMORANDUM OF POINTS AND
AUTHORITIES
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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that on _______________ at _________M., or as soon after that as
the matter can be heard, Department ________ of the above-entitled court located at
______________________________, __________ will and does move this Court for an order for
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judgment in their favor, notwithstanding the verdict. The motion will be made on the following
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grounds:
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After viewing the evidence in the light most favorable to LIST NAME OF PARTY
SECURING THE VERDICT, there is no substantial evidence to support the jury's verdict in that
party's favor and a directed verdict for LIST YOUR NAME HERE should have been granted had a
previous motion for directed verdict been made.
ONLY USE NUMBER 2 BELOW IF YOU PREVIOUSLY MOVED FOR A
DIRECTED VERDICT.
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On each and all of the grounds on which the motion for a directed verdict was made.
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The motion will be based on this notice of motion and the memorandum of points and
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authorities served and filed herewith, on the papers and records on file herein, and on such oral and
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documentary evidence as may be presented at the hearing of the motion
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Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
Note that you MUST file and serve this notice of motion and
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memorandum of points and authorities within 15 days of the date of
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mailing notice of entry of judgment by the clerk of the court, or service
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upon you by any party of written notice of entry of judgment, or within
180 days after the entry of judgment, whichever is earliest. You
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MUST also serve all adverse parties. This time period cannot be
extended by any court or any stipulation. See Code of Civil Procedure
sections 629 and 659.
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Dated________________
_______________________________________________
ANY ATTORNEY OR PARTY
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MEMORANDUM OF POINTS AND AUTHORITIES
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I.
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INTRODUCTION
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DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC.
_____________ contends that judgment notwithstanding the verdict (“JNOV”) should be
granted as LIST HERE THE SPECIFIC REASONS WHY YOUR MOTION FOR JUDGMENT
NOTWITHSTANDING THE VERDICT SHOULD BE GRANTED AS THERE IS NO
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SUBSTANTIAL EVIDENCE TO SUPPORT THE JURY’S VERDICT. STATE IN DETAIL
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ALL FACTS THAT SUPPORT YOUR CONTENTION THAT THERE IS NO EVIDENCE
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TO SUPPORT THE JURY’S VERDICT.
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4. Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
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II.
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LEGAL ARGUMENT
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A.
THIS COURT HAS THE STATUTORY AUTHORITY TO RENDER JUDGMENT
IN FAVOR OF THE MOVING PARTY ON THE GROUNDS THAT THERE IS NO
SUBSTANTIAL EVIDENCE TO SUPPORT THE JURY’S VERDICT AND THIS
FACT HAS RESULTED IN A MISCARRIAGE OF JUSTICE
Code of Civil Procedure § 629 states in pertinent part that, “The court, before the expiration
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of its power to rule on a motion for a new trial, either of its own motion, after five days’ notice, or on
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motion of a party against whom a verdict has been rendered, shall render judgment in favor of the
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aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the
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aggrieved party should have been granted had a previous motion been made.”
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/178902364/Sample-motion-for-judgmentnotwithstanding-the-verdict-for-California
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