What Is a Motion for Directed Verdict?

General Definition

A motion for directed verdict is “[a] party's request that the court enter judgment in its favor before submitting the case to the jury because there is no legally sufficient evidentiary foundation on which a reasonable jury could find for the other party.” (Motion for Directed Verdict, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)

Overview of State Court Authorities


“[A]fter all parties have completed the presentation of all of their evidence in a trial by jury, any party may, without waiving his or her right to trial by jury in the event the motion is not granted, move for an order directing entry of a verdict in its favor.” (Code of Civ. Proc., § 630(a).) A motion for a directed verdict is granted if there is no evidence of…”


A directed verdict can only be affirmed “where no proper view of the evidence could sustain a verdict in favor of the nonmoving party.” Friedrich v. Fetterman & Assocs., P.A. (2013) 137 So.3d 362, 365 quoting…)

New York

CPLR Rule 4401 allows a party to make a motion requesting that the Court issue a judgment dismissing a claim as a matter of law. “A directed verdict pursuant to CPLR 4401 is appropriate when, viewing the evidence in [the] light most favorable to the nonmoving party and affording such party the benefit of every inference, there is no rational process by which a jury could find in favor of the nonmovant.” (Smalley v. Harley-Davidson Motor Company Group LLC, 170 A.D.3d…)


Tex. R. Civ. P. 268 governs motions for a directed verdict. (Thunder Rose Enters., Inc. v. Kirk (2017) No. 13-15-00431-CV, at *15 n.8 ) Further, it is well established that Rule 268 “does not require a formal written motion…”

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