When a personal injury lawsuit goes to trial in Nevada, it is not necessarily over after the jury delivers a verdict. There are still steps that can be taken after a trial, including the possibility of filing a post-trial motion. In this article, we will explain what a post-trial motion is, the various types of motions that can be filed, and the importance of consulting with an experienced personal injury attorney if you are considering filing one.
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What Is a Post-Trial Motion?
A post-trial motion is a request made to the court by one of the parties after a verdict has been rendered. The purpose of these motions is to convince the court to modify the verdict or the judgment entered based on the verdict. Post-trial motions are governed by Rule 59 of the Nevada Rules of Civil Procedure, which sets forth the various types of motions that can be made and the time limits for doing so.
Types of Post-Trial Motions
There are several types of post-trial motions that can be filed in a personal injury lawsuit in Nevada. The most common types include:
Motion for a New Trial
A motion for a new trial requests that the court set aside the verdict and order a new trial. This can be based on numerous grounds, including newly discovered evidence, errors in the admission or exclusion of evidence, or irregularities in the jury’s proceedings.
Motion to Amend or Alter the Judgment
A motion to amend or alter the judgment asks the court to modify the judgment entered based on the verdict. This can include increasing or decreasing the damages awarded, or changing the legal basis for the judgment.
Motion for Judgment Notwithstanding the Verdict
A motion for judgment notwithstanding the verdict asks the court to enter a judgment in favor of the party making the motion, even though the jury returned a verdict in favor of the other party. This can only be granted if the evidence presented at trial was insufficient to support the jury’s verdict.
Motion for Relief from Judgment or Order
A motion for relief from judgment or order asks the court to set aside or modify the judgment or order entered in the case. This can be based on various grounds, including mistake, inadvertence, or excusable neglect.
Time Limits for Filing Post-Trial Motions
Post-trial motions must be filed within a specific time frame after the verdict is delivered. In Nevada, a party has 28 days from the entry of judgment to file a post-trial motion, unless the court extends the time for good cause shown.
The Importance of Hiring an Experienced Personal Injury Attorney
Filing a post-trial motion is a complex legal process that requires a thorough understanding of the law and legal procedures. Additionally, the outcome of a post-trial motion can have a significant impact on the final outcome of a personal injury lawsuit. Therefore, it is important to consult with an experienced personal injury attorney if you are considering filing a post-trial motion.
An experienced attorney can evaluate your case, determine whether a post-trial motion is appropriate, and advise you on the best course of action. Additionally, an attorney can ensure that all procedural requirements are met and that your motion is filed within the applicable time frame.
Conclusion
A post-trial motion is an important step that can be taken after a personal injury lawsuit goes to trial in Nevada. By filing a post-trial motion, you can seek to modify the verdict or the judgment entered based on the verdict. However, post-trial motions are complex legal processes that require a thorough understanding of the law and legal procedures. Therefore, it is crucial to consult with an experienced personal injury attorney if you are considering filing one.