A jury verdict is not always the last word. In North Carolina, a party who thinks the evidence could not support the verdict has a short window to ask the judge to set it aside.
Also called: JNOV, judgment as a matter of law
A jury hears the evidence, deliberates, and returns a verdict. Sometimes the losing side believes that no reasonable jury could have reached that result on the evidence. The judgment notwithstanding the verdict, known as JNOV, is how that side asks the judge to correct the outcome without a second trial.
The motion is rarely granted, but it is a real risk for a plaintiff who has won, and a real tool for a plaintiff who lost to a defense verdict that the evidence did not support. Joshua E. Palmer, Attorney at Law watches the deadline and the preconditions closely, because a missed step cannot be repaired later. This page explains what a JNOV is, how North Carolina’s Rule 50 works, how it differs from a directed verdict and a motion for new trial, and what happens after the judge rules.
It is the judge’s decision, after the jury has spoken, to enter a different judgment than the verdict called for. The motion argues a legal point: that the evidence was insufficient as a matter of law to support the verdict, so the jury’s answer cannot stand. It is not a request to reweigh credibility or to substitute the judge’s view of who was telling the truth.
A JNOV is the second chance at a directed verdict. At the close of the evidence, a party can ask the judge to rule in its favor without sending the case to the jury. If the judge declines and the jury returns a verdict against that party, the same legal argument can be renewed after the verdict through this motion.
N.C. R. Civ. P. 50(b) requires a party to have moved for a directed verdict at the close of all the evidence. When that motion is denied or not granted, the case goes to the jury subject to a later determination of the legal questions it raised. Not later than 10 days after entry of judgment, the party may move to have the verdict and judgment set aside and judgment entered in accordance with its directed verdict motion. The motion is granted if the directed verdict could properly have been granted.
A new trial motion may be joined with it, or a new trial may be asked for in the alternative. If the court grants the JNOV, it must also rule conditionally on any new trial motion, stating whether a new trial would be granted if the judgment is later vacated or reversed. The judge may also act on his or her own motion within 10 days. An appellate court generally cannot direct entry of judgment for a party who did not make the post-verdict motion, which makes the 10-day step important even when the trial court is unlikely to grant it.
| Motion | When | What it asks |
|---|---|---|
| Directed verdict | During trial, at close of the opponent’s or all the evidence (Rule 50(a)) | Judgment for the moving party without sending the case to the jury |
| JNOV | Within 10 days after entry of judgment (Rule 50(b)) | Set aside the verdict and enter judgment for the moving party |
| New trial | Within 10 days after entry of judgment (Rule 59) | A second trial on all or part of the issues |
| Alter or amend judgment | Within 10 days (Rule 59(e)) | Change the judgment’s terms |
The 10-day periods run from entry of judgment and are strict. Talk to a lawyer immediately after a verdict.
Timing and form. A directed verdict is requested while the trial is going on, before the jury decides. A JNOV is requested after the verdict and judgment, and the judge can grant it only if the earlier directed verdict motion was made and could properly have been granted. The legal standard is the same: the evidence is viewed in the light most favorable to the party opposing the motion, and the motion should be granted only if no reasonable jury could find for that party.
The practical difference is that the second motion happens with a verdict in hand. If the judge denies the directed verdict, a defendant can still preserve the argument. If the judge grants JNOV after a plaintiff’s verdict, the plaintiff’s recovery is set aside, which is why the plaintiff’s lawyer builds the trial record carefully and responds to the motion with the evidence supporting each element of the claim.
The most common ground in an injury case is contributory negligence. A defendant that failed to win a directed verdict on the defense may renew it after the verdict. Under N.C. Gen. Stat. § 1-139 the defendant carries the burden of proving contributory negligence, and North Carolina courts generally treat it as a question for the jury unless the evidence is so clear that only one conclusion is possible. That standard makes a successful JNOV the exception, not the rule.
A worked example: a Raleigh jury awards a plaintiff damages after an intersection crash. The defense moves for JNOV within 10 days, arguing the plaintiff ran the light as a matter of law. The plaintiff’s lawyer responds with the witness who saw the light turn and the timing data, and the judge, viewing that evidence in the plaintiff’s favor, denies the motion. If the judge had granted it, a new trial might have been ordered conditionally, and the appeal would follow. Anyone who gets a verdict, good or bad, should call a lawyer the same day because the clock is already running.
Joshua E. Palmer
Managing Partner · Joshua E. Palmer, Attorney at Law
Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. This glossary explains the terms he uses with clients every day, in plain English and with the North Carolina rule that applies.
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Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
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Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of October 2026; confirm current law with an attorney before relying on it.
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