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?
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.
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