Legal Definitions - N.O.V

N.O.V. stands for "NON OBSTANTE VEREDICTO," which is Latin for "notwithstanding the verdict." This is a motion made after a jury has delivered its verdict, asking the judge to set aside that verdict and enter a judgment for the moving party instead, typically because the judge believes no reasonable jury could have reached that verdict based on the evidence presented.

N.O.V. stands for Non Obstante Veredicto, a Latin phrase meaning "notwithstanding the verdict."

In legal terms, an N.O.V. is a motion made in a civil lawsuit after a jury has delivered its verdict. This motion asks the judge to set aside or overturn the jury's verdict and enter a judgment in favor of the party making the motion. The core argument for an N.O.V. is that, even when viewing all the evidence in the most favorable light for the party who won the jury verdict, no reasonable jury could have legally reached that conclusion. Essentially, the judge is asked to rule that the evidence presented at trial was legally insufficient to support the jury's decision, and therefore, the verdict cannot stand.

Here are some examples illustrating how an N.O.V. motion might be used:

• Example 1: Insufficient Evidence for the Plaintiff

  A homeowner sued a contractor for alleged shoddy workmanship. During the trial, the homeowner testified about their dissatisfaction but failed to present any expert testimony, repair invoices, or photographic evidence to prove that the contractor's work fell below industry standards or caused specific damages. Despite this lack of concrete legal proof, the jury, perhaps swayed by sympathy, returned a verdict awarding the homeowner a significant sum. The contractor's legal team could then file an N.O.V. motion, arguing that no reasonable jury, based on the *legal evidence* presented, could have found the contractor liable for damages, and therefore, the judge should overturn the verdict and rule in favor of the contractor.

• Example 2: Undisputed Evidence Contradicting the Verdict

  In a defamation lawsuit, a public figure sued a newspaper for publishing an article they claimed was false and damaging. The newspaper presented overwhelming, undisputed evidence, including multiple verified sources and official documents, proving the truthfulness of every statement made in the article. Despite this clear factual defense, the jury, perhaps disliking the newspaper's editorial stance, found in favor of the public figure. The newspaper's attorney could file an N.O.V. motion, asserting that the jury's verdict was contrary to the undisputed evidence of truth, and that no reasonable jury could have concluded the article was defamatory. The judge would then be asked to set aside the jury's finding and enter a judgment for the newspaper.

• Example 3: Clear Legal Interpretation Overruled by Jury

  Two companies were involved in a dispute over a commercial lease agreement. Company A, the tenant, sued Company B, the landlord, claiming that a specific clause in the lease allowed them to terminate the agreement early without penalty. The lease clause, however, clearly stated that early termination required a 12-month notice period and a penalty fee. Company B presented the lease document and expert testimony on contract law, demonstrating that Company A's interpretation was incorrect. The jury, possibly confused by the legal jargon, sided with Company A, allowing them to terminate without penalty. Company B could file an N.O.V. motion, arguing that the jury's verdict was legally insupportable given the unambiguous terms of the written contract and that the judge should rule according to the clear legal meaning of the lease.