Directed Verdict
This is a court order or judicial decree in which the judge presiding over a jury trial unilaterally decides in favor of one side or another. A directed verdict is issued when the facts are so unequivocal, that the judge decides the jury could not possibly have come to any other conclusion.
A judge can order a directed verdict that applies to an entire case, or simply certain elements of it. While it may seem autocratic on the surface, issuance of a directed verdict can preserve rights of appeal, should either party wish to pursue such an action.
Call us at (888) 360-4215 to speak with a mesothelioma paralegal
In the U.S., the judge in a criminal case can order a directed verdict only for acquittal; only the jury has the right to convict. As regards to
litigation, a directed verdict is tantamount to what is known as a non-suit, in which a plaintiff withdraws the complaint and releases one or more of the defendants from all liability (this is also known as voluntary dismissal).
When a motion is made for a directed verdict, a judge may grant it only after having considered all the evidence in the light that is the most favorable to the plaintiff (or in the case of a criminal trial, the prosecution). If after having done this, the judge decides that the available evidence does not warrant a decision against the defendant, s/he may then grant the motion.
Afterwards, the judge is obliged to provide his/her ruling in writing to each party.
A motion for a directed verdict is normally made by the defendant. However, in a civil trial, a plaintiff may choose to make such a motion in situations involving a counterclaim or a setoff.