Can I ask the judge to rescind the order to sale my house due to fraud?
Full Question:
Answer:
Post trial motions generally consist of the following:
Motion for a new trial. Sample grounds would be if the jury misconstrued a jury instruction or the jury clearly should have found more damages.
Motion for a judgment notwithstanding the verdict (JNOV). If the judge grants a JNOV, the judge reverses the decision of the jury and enters judgment for the other side because, for example, the jury's verdict clearly did not conform to the evidence. It is rare for a judge to grant a JNOV.
An appeal to a higher court can be made by the party who lost the case or if the party who won believes that damages do not conform to the evidence. There are time limits on appeal. The time in which a party has to file a notice of appeal depends on the court. The appellate court makes its decision on selected portions to the transcript of the trial, legal briefs of the attorneys, and oral arguments of the attorneys, if permitted by court. No witnesses are heard or evidence is presented.
