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Civil Procedure • Directed Verdict
CIVPRO#060
Legal Definition
While a summary judgment is a motion made in the beginning of a lawsuit and argues that there is no reason for the lawsuit to proceed, a directed verdict or judgment as a matter of law is made either: (1) by a defendant at the close of plaintiff's evidence, or (2) by either party at the close of all evidence. The motion may be granted only if no reasonable person could differ as to the outcome.
Plain English Explanation
Summary Judgements are made in the beginning of a lawsuit and claim that the law suit shouldn't proceed.
A directed verdict or judgment as a matter of law is made either (a) by the defendant, after the plaintiff has finished bringing in evidence (at this point, the defendant can basically say, "See? Plaintiff is done, and they failed to prove their case, so now I ask that you direct the jury to enter a verdict in my favor"), or (b) by either party when everyone is done submitting evidence.
A directed verdict or judgment as a matter of law is made either (a) by the defendant, after the plaintiff has finished bringing in evidence (at this point, the defendant can basically say, "See? Plaintiff is done, and they failed to prove their case, so now I ask that you direct the jury to enter a verdict in my favor"), or (b) by either party when everyone is done submitting evidence.
Hypothetical
Hypo 1: If Bob is sued by Chris for breach of contract, yet Bob has never contracted with Chris and has no idea who they are, Bob can file a motion for summary judgment to have the case thrown out.
Imagine, though, if one of Bob's agents had in fact entered into a contract with Chris without Bob knowing. The motion would be denied and the case would continue forward, because the court needs to figure out what's going on and more facts need to be heard. Towards the end of the lawsuit, after Chris has presented all of his evidence, no evidence of any sort of contract has been shown. Chris has wasted everyone's time. Bob may motion for a directed verdict or a judgment as a matter of law as a way to say, essentially, "Chris has failed to show evidence of the breach, and no reasonable person could conclude there was a breach based on the evidence that was provided."
Imagine, though, if one of Bob's agents had in fact entered into a contract with Chris without Bob knowing. The motion would be denied and the case would continue forward, because the court needs to figure out what's going on and more facts need to be heard. Towards the end of the lawsuit, after Chris has presented all of his evidence, no evidence of any sort of contract has been shown. Chris has wasted everyone's time. Bob may motion for a directed verdict or a judgment as a matter of law as a way to say, essentially, "Chris has failed to show evidence of the breach, and no reasonable person could conclude there was a breach based on the evidence that was provided."
