Post-Trial Motions: A Second Chance at a First-Rate Result

Post-trial motions—motions for judgment not withstanding verdict, remittitur, or motions for new trial—are often the first consideration an attorney has after receiving an unfavorable verdict, as well as the first opportunity toward obtaining a better result. Those motions exist in the gap between the moment after an event happens in trial, like an overruled or sustained objection, and the great deal of cost, research, and deliberation that goes into an appeal. Some post-trial motions are routine and filed as a matter of course, such as those filed to reduce a damages award to a statutory cap or for a remittitur of a clearly (or arguably) excessive damages verdict. Others are very case specific, tailored to the evidentiary issues addressed throughout the course of the trial and how those rulings might have affected a jury verdict.