Brooklyn, NY asked in Civil Rights for New York

Q: At trial, the attorney for the plaintiff, Mr. Smith, believes that opposing counsel has not presented a material issue

to contravene (contradict) Mr. Smith’s client.

What motion might Mr. Smith make to the judge? Explain what that motion is in detail, and explain when counsel may raise such a motion. What other motions are similar? How are they utilized? Why does the court entertain such motions?

Related Topics:
1 Lawyer Answer
James Avery
James Avery
PREMIUM
Answered
  • Civil Rights Lawyer
  • Denver, CO
  • Licensed in New York

A: It would be appropriate to file a motion for directed verdict on liability at the close of evidence, assuming Mr. Smith proved all the elements of his case and the defense did not attack his client’s credibility or present any evidence to counter the elements of liability. Most courts would reserve ruling until the jury deliberates so as not to result in an appeal for taking the case from the jury.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.