When is the Jury's decision not final?

Answer 1

A jury's decision can be overturned by an appeal. There is also a motion that attorney's can raise after the verdict called 'judgment notwithstanding the verdict' which also the judge to substitute his own decision.

Answer 2

The verdict in a jury trial is not "final" in the sense that the judge in the case may not set it aside. The Federal Rules of both Civil and Criminal Procedure specifically permit it the trial court to set aside a jury verdict or judgment based upon a jury verdict except in the case of a verdict of acquittal in a criminal case.

In civil actions:

Federal Rule of Civil Procedure (FRCP) 50 states that a court may after a jury verdict has been returned either allow the verdict to stand, throw out the verdict and order a new trial or throw out the verdict and enter a judgment contrary to the verdict. This can be done if the losing party is entitled to judgment as a matter of law regardless of the jury verdict.

FRCP 59 states that a party may request the trial court either order a new trial or alter or amend the judgment entered after the jury verdict. The trial court also has the authority to do this whether or not one of the parties asks for it or even if all parties oppose it.

FRCP 60 states that a trial court may relieve a party of the effects of a judgment after the verdict and entry of a judgment under certain circumstances, which need not be recited here.

In criminal action:

Federal Rule of Criminal Procedure 29 states that a trial court may, under certain circumstances, set aside a jury verdict of guilty and enter either an order for a new trial or even a judgment of not guilty.

To be sure, such reversals of jury verdicts are rare and may only be done under certain strict standards. Never the less, it means that the trial court may reverse a jury verdict, or any judgment based on a jury verdict, in whole or in part, after the verdict is rendered.

The sole exception is that the Rules do not authorize a trial court to throw out a verdict of acquittal and enter one of guilty. That would violate the Sixth Amendment right to a trial by a jury as well as the Fifth Amendment ban on Double Jeopardy.

This is the rule in the Federal courts. Most if not all state courts model their court rules on the Federal Rules with some variations and will have some variation of this authority.

Answer 3

The jury's decision is not final if the losing party appeals. A jury's verdict is also not final if the judge grants a 'judgment notwithstanding the verdict' and substitutes her own judgment.

Answer 4

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