You have the right to ask a judge to set aside a jury verdict.
An adverse jury verdict does not mean your case is over. New York law permits a losing party to ask the judge who presided over the case to set aside the jury verdict. Judges are reluctant to overturn the verdict of a jury so knowing when and submit the request is the key to improving your chances of success. A successful application to set aside a jury verdict may turn a loss into a victory.
Instructions
1. Make a motion in a criminal case to set aside the verdict. A motion is a written request the judge do something requested by one of the parties. The criminal procedure law allows a defendant, the person facing charges in a criminal case, to make a motion to overturn a jury verdict. Section 330.30 of the law gives three reasons for overturning a jury verdict in a criminal case: if the verdict would be overturned on appeal by a higher court; if there was improper conduct by a juror or by another person with a juror; or upon the discovery of new evidence favorable to the defendant. This motion cannot be made after sentencing.
2. Ask the judge in a civil case to overturn the verdict. New York law allows the judge in a civil case, either on her own or at the request of one of the parties, to overturn a jury verdict. A verdict may be overturned if it is contrary to the weight of the evidence or in the interest of justice. The request to the judge would be in the form of a written motion made within 15 days from the date of the jury verdict and before an appeal is heard in a higher court.
3. File a written appeal to a higher court. A person may appeal a jury verdict to a higher court to have it overturned. A written notice of appeal must be filed with the court clerk within 30 days from the date of sentencing in a criminal case or from the filing of the judgment after the verdict in a civil case. The parties to an appeal file written arguments, called briefs, with the higher court which will make a written decision after reading them. An appeal can take several months to be heard by the higher court.
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