Although it’s not appropriate to make a motion for directed verdict in every trial, it would be a mistake to fail to make one in a trial where it’s applicable, as this failure could result in the case being sent to the jury for deliberation, resulting in the lawsuit taking longer to resolve. Needless to say, this could lead to higher legal costs and more hassles.
In addition, because directed verdict motions allow a party to argue the opposing party’s evidence is legally insufficient before the case goes to the jury, failing to file the motion could cause a party to lose the opportunity to make this argument. Also, if the case is weak to begin with due to insufficient evidence, a failure to move for a directed verdict could result in the jury reaching an inaccurate verdict.
If you are unsure whether you should make a motion for directed verdict during trial, rather than failing to make it, discuss your lawsuit with a qualified litigator to find out whether it’s a suitable option for resolving your case. The last thing you’d want is to not have any legal recourse available to you post-trial if you lose.
